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PL 01/12/1994 - 6928� PLAIJNING CONIIdlISSION MEETING AEDNE3DAY, JANQARY 12, 1994 7:30 P.M. PUBLIC COPY /'1 �, � � City of Fridley A G E N D A PLANNING COMMISSION MTG. WEDNESDAY, JANUARY 12, 1994 7:30 P.M. LOCATION: Fridley Municipal Center, 5431 University Avenue N.E. CALL TO ORDER: ROLL CALL• APPROVE PLANNING COMMISSION MINUTES: December 22, 1993 (Tabled) CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17 BY UNIVERSITY BILLIARDS, INC : �- Per Section 205.17.01.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. 1Tabled)� CONSIDERATION�OF AN ORDINANGE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205. ENTITLED "ZONING!''BY ADDING 205 27 (0-4 WETLPiND DISTRICT) /�, PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #93- n` 18, BY JULIE BRUNNER: Per Section 205.07.O1.C.(i) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING_OF DECEMBER 16 1993 ADJOURNMENT � � � CITY OF FRIDLEY PLANNING COMMISSION MEETINa� DECEMBER 22� 1993 CALL TO ORDER: •' Chairperson Newirian � ca�lled. the December 22, 1993,.� Planning' Commission meeting to order�at 7:�30�p.m. �. � ROLL CALL: Meu�bers Present: Dave N'e�,rman, Dean Saba, Dave Rondrick, LeRoy Oquist, Connie Modig Members Absent: Diane Savage, Brad Sielaff � Others Present: Michele McPherson, Planning Assistant Sarah Gardner, 3300 Edinborough Way, Edina, I+II�T Ty Wilson, University Billiards, Inc. Greg Asproth, University Billiards, Inc. APPROVA_L OF DECEMBER 8. 1993. PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist,- seconded by Ms. Modig, to approve the December 8, 1993, Planning Commission minutes as written. � IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 1. PUBLIC.HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17. BY UNIVERSITY BILLIARDS INC : Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots 4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the subject parcel is located in the Rice Creek Business Center which is located at the intersection of Commerce Circle South and Commerce Circle East. University Avenue �� runs north and south along the easterly edge of the subject parcel. The property is zoned M-1, Light Industrial. There is C-2, General Business District, zoning to the north. Directly to the north of the subject parcel is U.S. Swim & Fitness. To the east is M-2, Heavy Industrial, and additional M-1, Light Industrial, zoning to the west. �, n PLANNING COMMISSION MEETING, DECEMBER 22. 1993 PAGB 2 ^ Ms. McPherson stated the petitioner received a special use permit in 1988 which established the business. Eleven stipulations were issued under the first special use permit in February, 1988. At that time, the facility' was 5,186 sq. ft. Ifi�.July,�-'3988; tY�e City Council �review.ed •�the special use permit �for complianae� reiith the stipulatians and chose to remove 4 of tYie stipulation��iricluding the one regarding hours of operation. In 1989, a second special use perm'it was issued to expand the facility to its current 7,792 sq. ft. • T�iere were 6 stipulations as coridition . of apprqval ..for that expansion. The petitioner has complied with all of thbse stipulations. . � Ms. McPherson stated the petitioner is�requesting to expand into two vacant tenant spaces--one to the west and one to the south of the existing space. This expansion space will allow the addition of 16 pool tables, five arcade games, two dart games, an expansion to the kitchen facility, and the addition of a pro shop. The total square footage for this tenant would then total 13,792 sq. ft. Ms. McPherson stated that under Section 205.17.O1.G.(4) of the zoning code, a special use permit may be issued for commercial recreation use complying with 5 standards: 1. The parking supply is to be in compliance with the � . requirements of the City code and be su�ficient to support full occupancy of the building. ,-:.� 2. Only wall mounted signs are permitted. 3. The .use is to demonstrate that it will not genezate levels of traffic which reduces the existing level of service on adjacent streets. 4�. The City Council needs to be of the opinion that the proposed use if. compatible in the area it is located. 5. The-°building owner/agent shall be responsible for information any prospective tenant of the property's actually zoned for industrial, and not commer.cial, use. Ms. McPherson stated the Code section also allows for some flexibility��n-the,maximum gross.floor area for both tenant size and percentage of total building to be considered on an individual tenant specific basis. Ms. McPherson stated the petitioner has previously demonstrated that the items 2, 3, and 5 can be met by the use . By granting previous special use permits, the City Council has demonstrated that they agree that the use is compatible in this area. ,� �"1 PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGB 3 Ms. McPherson stated that in the 1989 request, the staff analysis focused on parking requirements of the facility and the subject parcel. Again, staff is concerned about the parking situation. Based on staff analysis, the proposed expansion will increase the area occupie�.by the tenant to 13,792 sq. ft. or approximately 24� of -tiie' building. Based on� the uses within the tenant spaces, staff has calculated that 82 spaces will be required by this tenant alone which is approximately 1/2 of that provided by the site. Currently, tenant.usage needs 132 spaces and this will increase to 162 if the proposed expansion i�s ap�roved. �� Ms. McPherson stated there are 166 parking spaGes provided on site. If the proposed expansion is approved by the City Council, there will be 6,003 sq. ft. of vacant, leasable space remaining. ` If staff uses the speculative parking ratio of one space per 500 sq. ft. , 12 spaces will .be required in order to lease the remaining space to a tenant of indeterminate use. However, there are only four spaces remaining after the expansion which would then leave the parcel underparked. To avoid an underparking situation, the management company raould be limited to leasing the remaining 6,003 sq. ft. to a tenant which is strictly or predominantly warehouse with a small office space. Ms. Mc�Y�erson stated the management company is attempting to � acquire a reciprocal cross parking agreement with U.S. Swim and , Fitness to the north. Currently, U.S. Swim and Fitness is allowed to use spaces in the University Billiards portion of the parking lot during peak hours for the fitness center. Staff has had previous experience �with U.S. Swim and Fitness patrons in which they have created parking problems on Commerce Circle East. A memo included in the staff report documents the staff concerns. Ms. McPherson stated the police department also has some concerns as indicated in the memos included in the staff report and in the information distributed at the meeting which documents calls for service at University Billiards as compared to Joe DiMaggio's. The concern of the police department is the presence of juveniles under the age of 18 in the tenant space after 9:30 p.m. which is in violation of the curfew ordinance. At the time the staff report was written, 'the police department recommended three actions regarding this request: 1. The present request be denied; - 2. The hours of operation be limited to 8:00 a.m. to 1:00 a.m.; and 3. That no juveniles be allowed in University Billiards without their parents after 9:30 p.m. � Ms. McPherson stated the current hours of operation are from 11:00 a.m. to 6:00 a.m. or possibly even 8:00 a.m. depending on the number of patrons in the facility. . PLANNING COMMI83ION MEETING, DECEMBER 22, 1993 PAGE 4 �"� Ms. McPherson stated that if the Planning Commission chooses to approve the request for the expansion, the request by the police department to limit the hours of operation and eliminate the presence of juveniles after 9:30 p.m. has bee� recommended as stipulations for approval. Ho�aever, based on the�analysis and the fact that parking is� a concern, approval of the request would result in a lack of adequate parking for the site. Ms. .McPherson stated staff is recommending that the Planning Commission recommend denial of the request to expand the commercial recreational facility for three reasons: 1. The•petitioner has adequate use of the facility as a result of a previous expansion approved by the City Council. a. � 2. The increased parking demand generated by the expanded use leaves little or no flexibility for the property owner for re-occupancy of the building to more intensive uses. 3. Documented parking-supply problems with U.S. Swim and Fitness. ,� Ms. McPherson stated that if the Planning Commission chooses to approve the special use permit, staff recommends the following stipulations as conditions of approval: 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in �he University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioner shall patrol parking lot and manage its misuse. 5. No alcohol beverages shall be served or allowed on premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior � to the approval of the special use permit by the City Council. � �. �• PLANNING COMMISSION MEETING. DECEMBER 22, 1993 PAGE 5 7. The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the Ci,ty determines there is a management problem which . requires .�further restricti�ons•. or. �removal. • Mr. Saba asked if, regarding the police statistics, Ms. McPherson knew where the contacts were made at the University Billiards or in the-proximity of the facility. � . - .� • Ms . McPherson stated she did not have an opportunity do discuss the specifics of the police data. The information was provided just prior to the meeting. She believes the information pertains to�the general area in and around the two facilities, Universit�r Billiards and Joe DiMaggio's. Mr. Newman stated that page three of the staff report lists five conditions set out in the ordinance. The third condition speaks to the use when it can be demonstrated that the operation will not generate levels of traffic, etc. The proposal talks about increasing traffic and asked if that is something the Commission would have to re-examine again for each request for a special use permit. Ms. McPherson stated it is; however, in that particular area, the roads are designed for industrial use. .The road design itself is ,adequate. While staff did not analyze the actual number of trips generated by the additional square footage, the petitioner has pointed out that their hours of operation are opposite the typical uses in the building. Therefore, while total traffic generated in the area will be increasing, the traffic will likely occur opposite average use. Mr. Newman asked if the petitioner has seen the memos. Ms. McPherson stated she did provide copies to the petitioners prior to the meeting. Mr. Asproth, an owner of University Billiards, stated their peak hours are from 9:00 p.m. to 3:00 a.m. U.S. Swim and Fitness' peak hours are over by 8:00 p.m. He does not anticipate more cars by expanding but rather the elimination of the waiting list for pool tables. There has not been a parking conflict with the other tenants in the'building. The owners plan to compile documentation of how many cars they have during business hours since University Billiards is open from 11:00 a.m. Normal business hours run until 5:00 p.m., and University Billiards does not have very many customers between those hours. �"�, Mr. Asproth stated they are currently not open 24 hours and do not plan to be. Approximately 300 of their business is between 12 midnight and 3:00 a.m. Many nights there is a long waiting list PLANNING COMMI88ION MEETING� DEC$MBER 22. 1993 PAaE 6 � and, if they close earlier, many people would not be able to play. Most of the problems have happened between 11:00 p.m. and 1:30 a.m. partially because they do not have enough tables. Long waiting lists create more anxiety. More s�ace to seat people and more pool tables will' Yielp them overs'ee .. arid better manage custo�aers. Limiting hours to 1:00� a.m. or�2:00 a.m. will have a negative effect�, because they would be required to close during the peak of thei� business and many people would not have had a chance to play pool: � University Billiards does not have a• bar, and .90 a of the revenue cames from playing.pool. If required to close e�rly, they would need to serve alcohol in order to survive. They do not know of any non-alcohol pool roQms that close at 1:00 or 2:00 a.m. Mr. Asproth stated University Billiards is the premier �nd busiest place to play pool in Minnesota. If they are required to change hours, their work and investment to be the be�t will be taken away. Currently, staff posts and enforces curfew rules. The way he understands the curfew rules is as loafing or loitering after 9:30 p.m. if under age. The way staff enforces the curfew is, after midnight, to card and refuse the business of all minors 17 years and younger. At 10:00 p.m., staff ask all 16 years and younger to leave even if they are playing pool and not 1-oitering. � This is not an easy task. A�fter 9:30 p.m., youth of this age can go to movies, attend football games and dances, and they don't understand it when ^ they are asked to leave the billiard hall. Mr� Asproth stated he and his partner have been at the site every night since April 1988, and they want to make sure that the curfew and rules are maintained. They announce over the intercom�when minors must -�.eave, and they go around and card people. They currently have approximately 10 employees with an average age between 23 and 24. If the hours are cut, jobs too will be cut. They currently have 5-6 employees every weekend and holiday nights with at least two people at closing time. They have 3-4 employees during the weekday nights at peak hours and 1-2 at closing time, not including the owner(s) present. Mr. Asproth stated the employees walk the parking lot every 10-15 minutes to remove any loiterers and pick up trash. They hired a parking lot attendant for awhile when there were a rash of car break-ins. They believe that the thieves who were caught were not customers, but drive-by thieves capitalizing on the possibility of getting car stereos. They ban any customer permanently for drinking. They do not accept alcohol in or around their business. Mr. Asproth stated that when reading the statement from the police department, he was surprised and confused about the 143 calls for service. Since he or his partner, Ty Wilson, are present every night and neither they, nor their employees have called that many times, he can only guess that these calls include customers that � lock their keys in the cars, the times the police have driven throuqh and questioned people, or when they have called in for � � PLANNING COMMISSION MEETIN(3� DECTsMHER 22, 1993 PAGE 7 missing or runaway kids or for medical reasons. They also know these numbers are combined with U.S. Swim and Fitness calls. Mr. Asproth stated that what he finds confusing is that they hardly made a call the first two y�e�r.s in business. The officers openly, encouraged them•�to call in; and they did.•make calls before trouble happened. Their goal is to have a clean, safe place for people to play pool and not worry about trouble makers. They run the strictest and safest pool roqm around. They recently talked with an off'icer and �asked him how they rated. The officer said tha� for all the people the businesses attracts, they have very few problems. He stated the officers know they try hard. � Mr. Asproth stated the Moore Lake Health Club closes at midnight and U.S. Swim and Fitness is open 24 hours. He does not know the number of customers at Joe DiMaggio's. University Billiards has approximately 300-400 people on a weekday and 550-650 people on weekends, and approximately 300,000 people over a two-year period. He stated a few bad people have tarnished their reputation and what is overlooked is all the good people that come through their doors. He thinks he has proven to the police department that they are dedicated to running a good business. �...� Mr. Asproth stated their investment is very large, and they hope these changes and additional space will spread the people around a little more and have them playing pool rather than waiting a long time to get a table. If they are allowed to expand they will one of the best upscale, non-alcohol rooms in the U.S. They will attract a better and older clientele by serving good food at a reasonable price. Their customers will be better served, and 5-6 more jobs will be created as a result of the expansion. Ms. Modig stated the memo showing the comparison of calls to the police department shows 143 total calls for University Billiards. Does that seem more in keeping with what you think would be your calls? Mr. Asproth stated they call about once per month. When he'sees this, he does not know where it comes from. They do�n,ot have that many problems. � Ms. Modig stated the comparison shows 24 alcohol related offenses. Since this is a non-alcohol establishment, how are these nwnbers explained? Mr. Asproth stated this must happen outside, because they do not allow alcohol in the facility. Ms. Modig stated the peak hours are between midnight to 3:00 a.m. %'� and that seems to go along with the hours that the bars close. That seems to contribute to the problems even though University Billiards is not serving alcohol. ... /. PLANNING COMMI38ION MEETING, DECEMBLR 22, 1993 PAGE 8 Mr. Asproth stated they do not really see a bar ruSh. They often do not hear about these either. Some people are pulled over as they come�in, and they, the owners, do not know about it. He does not condone drinking and.�he would like it if no one drank when coming to their business. As far as the other calls, he has a hard time figuring out how the number of calls could change so drastically. . .. Mr. Saba stated one report appears to be detailed informati.on while' another�seems to be a summary of the data. Ms. McPherson stated the chart in the memo of December 21, 1993, documents 143 incidents. The police picked those incic��nts which they feel can lead to more violent crimes. Of the remaining 300 or so calls, these are probably the more typical calls such as locking keys in the car, several calls for service, etc. She regrets not having had time to speak to the police department about this information in more detail. Ms. Modig stated the memo does not indicate to which establishment the calls are related. It could be U.S. Swim and Fitness or University Billiards. Mr. Saba thought a part of that could also be due to people who come to the area after a party or drinking at a bar. These people are obviously getting alcohol somewhere else since University Billiards does not serve alcohol. - �, Mr. Asproth stated it seems strange to see alcohol-related offenses when University Billiards does not serve alcohol. Mr. Saba asked what type of security does University Billiards maintain during the hours when these calls are made. Mr. Asproth stated their staff is large enough to watch the parking lot and the inside of the establishment. The owners are also on site every night. Mr. Saba asked if it would make s,ens� to have a security officer, and if Mr. Asproth knew of any other places that had a security officer. Mr. Asproth stated he did not know if having a security officer would make sense. One other place had a security officer and it is no�a out of business. The numbers from the police do not make sense to him. Neither he nor his staff have called even for a small percentage of these calls. Mr. Saba suggested that there may be others making calls that he is not aware of. e %� ,� �"� .:............. . ... . .. . .. ...., . ... , , . . . .. ., .. , ... , . . . ...... ... .. .... _. . ... � PLANNING COMMISSION MRETING, DECEMBER 22.'1993 � PAGE 9 Mr. Asproth stated a number of these calls must be from U.S. Swim and Fitness. Mr. Saba stated that U.S. Swim and Fitness is not as much of a� � family•place as the Moore Lake Racquet•Swim and Fitness; and this .' perhaps draws a different element. • � . Mr. Asproth stated they had approximately 300,000 people at their establishment in the past two years and, because of•these numbers, this could happen. ' . • � Ms. Modig�asked how Mr. Asproth would address the problem with parking. . Mr. Asproth stated they have no parking problem. Their business is at night and does not overlap with other businesses in the center. They have open spots during their business hours. Mr. Saba asked the operating hours of IIniversity Billiards. �Mr. Asproth stated they open at 11:00 a.m. but they have no set closing time. It is usually from 4:00 a.m. to 8:00 a.m. depending on the type of business they have: Holidays and weekends are busy �, and they stay open for the business. They usually don't find problems are because of the hours they are open. It is during peak times when there are many people there. Mr. Saba asked if people try to bring in alcohol. Mr. Asproth stated people have tried but they kick them out right away if caught. Someone has likely gotten away with it at some time but they do everything they can to stop them. Ms. Modig asked if there is someone at the door to check ID's and card patrons. Mr. Asproth stated that on weekends, they always have someone at the door. During weekdays, there is not always someone there, but they have someone_patrol inside to card those who appear young and to keep the pla�e clean. In their business, it is not a good idea at a late hour to mix the young and the old. Parents do not appreciate it. Mr. Newman referred to the stipulations. Speaking hypothetically, assuming the petitioners' choice was to operate as they are now or be approved for the special use permit with the stipulations, what would be their preference? Mr. Asproth stated they would go out of business if they accepted � the stipulations as proposed. With the stipulation to close at 1:00 a.m., they could not remain in business. . . r . PLANNING COMMI83ION MEETYNG. DECEMBER 22, 1993 PAGE 10 ^ Mr. Newman stated it sounds as if you would prefer to stay as you are rather expand and have the hours of operation curtailed. .� Mr. Asproth stated, yes, if that was the choice. Their goal is to • have a better place. . � � . Mr. Wilson, owner, stated the sport of pocket billiards is booming. Over the last five years, the sport has gr�wn by more than 50�. Last year, 37 million Americans played pool at one time or another. Years ago, billiards had a one-sided.personality. It�was a men- only sport played oftentimes in less than�reputable establishments. Today, billiards is gaining the respect it deserves. Billiards is a multi-faceted sport that•allows men and women, young and old to compete on an equal basis. Strategy and concentratioxl mark the skill of a good player, not size and strength. Mr. Wilson stated that when he and Mr. Asproth opened their pool room over five years ago, their main focus was to separate themselves from �that stereotypical pool room. They bought first rate equipment and spared little expense in an effort to show that they plan to stay in business for the long term. They believe they have done just that. They offer a comfortable atmosphere for young and old alike. Mr. Wilson stated they offer organized activities every week night, � weekly and monthly tournaments, ladies night_on �ednesday nights, and family days on weekends. They are offering billiards as a form of recreation and entertainment. In_ an attempt to control loitering, they implemented a cover charge. This acts as a coupon for a discount on table time. This discourages people from coming in for any reason other than playing. Mr. Wilson stated that most billiard rooms go out of business because of poor management, absentee owners, or loss of control of clientele. In an effort to combat this, they have hired older employees and an owner is there every single night. As far as U.S. Swim and Fitness and the calls, he stated they have been instructed to call the police even if someone feels faint in any way or anything like that so that could account for some of the calls. Mr. Newman stated the most-°recent report excludes medically-relate8 calls. � � Ms. Modig stated another billiard hall is on Highway 65 and Osborne. How does that hall compare to University Billiards? Mr. Wilson stated it does not compare because that facility serves liquor. He stated their business did not decline even though the other facility is in close proximity. Most of their customers do not want to be in a place where there is alcohol. /'1 �. PLANNING COMMI88ION MEETING. DECEMBER 22. 1993 �PAGT�11 Ms. Modig stated there must be some explanation for the fact that there were 24 calls related to alcohol in a two-year period for a business that serves no alcohol. Mr.� Oquist stated his concern is that U.S. Swim and Fitness is tied in r�,rith •University. Bi�liards, 'which � are two differe�t businesses. �� Even when �talking about the Rice Creek Business� Center where University Billiards is located, the health club is tied in as �well. He •is not sure the figures are comparing the same thing. Mr.�Newman stated•the numbers�rieed to be broken out so they know which calls were for which business. � Mr. Oquist stated the chart indicates 89 thefts .over a two year period; however, the owners are saying the calls are �ot coming from their business. Where are these thefts occurring? Ms. McPherson stated the police took the Rice Creek Business Center strip mall with U.S. Swim and Fitness as a neighbor and compa-red that to East Moore Lake Commons which has Joe DiMaggio's, the bank, etc., and Northwest Racquet Club as a neighbor. When they are talking about Joe DiMaggio's, that is East Moore Lake Commons'' calls for service. If someone got into their car and realized something was wrong, pulled into a gas station and stated they were at University Billiards and someone took their stereo, it would be listed as University Billiards. -• Mr. Newman stated it could then be possible to assume that a call was related to University Billiards, because someone who parked in the University Billiards parking lot had walked over to another business. Ms. McPherson stated that is possible. A car could also be parked on the street in front of the strip mall, but the call may be attributed to University Billiards even if the patron was at U. S. Swim & Fitness. Ms . Modig stated there is such a combination of parking in that area that it is hard to know where the cars are coming from. Mr.. Saba stated any time that many cars are parked at that time of night there will be many problems. Mr. Kondrick stated U.S. Swim and Fitness is also open 24 hours so that does not help in terms of the crimes. Ms. McPherson stated the police have noted a definite difference between the two areas. Mr. Newman stated that when you have that many people going through � there, that is less than 1/2 of lo. Nonetheless, it does not negate the fact that there is a concentration in that area. � , PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGE 12 � Mr. Oquist stated the peak business times are 11:00 p.m. to 3:00 a.m. so this is when there is the highest concentration of cars. If there is a parking problem, it is when the other businesses are closed. � •• Mr. Wilson stated he does not believe they have a parking problem because it is unusual to have l0 cars during the day. At night, .they have many more clients but the other businesses ar� closed. Mr. Oquist asked if there had been complaints from the other occupants. � Ms. McPherson stated there were no complaints about the_use. The complaints generated by the other tenants come as a result of the patrons of U.S. Swim and Fitness parking on the street and blocking the line of sight to get onto the street. Mr. Barg's memo points out that he has responded to complaints such that there have been spots available in the U.S. Swim and Fitness parking lot on the opposite side of the building, yet the street is full of cars because patrons do not want to walk. U.S. Swim and Fitness does have an agreement for parking across the street in the former Minnesota Jobs and Training site, but very few patrons are forced to use that. There is parking permitted on the street so, unless � that changes, there will continue to be parking on the street. This is typically before 5:00 p.m. Mr. Wilson stated many of their clients come from some of the businesses with three shifts. They also have bar workers and other night shift workers who come in to play pool late at night before going home. It is not always a bar rush with drunks: If they see anyone obviously impaired by alcohol, they ask them to leave. They run a tight operation. Mr. Saba stated that referring to the stipulations, if the Commission recommends approval with the stipulations, do they agree with the other stipulations except the hours of operation? Mr. Wilson stated that'as far as the juveniles, they don't like to mix younger kids and older patrons. They prefer and have an older crowd late at night. In order to comply, they make an announcement and card for those under age and ask them to leave. Mr. Newman asked the definition of a juvenile. Ms. McPherson stated a juvenile is anyone under the age of 18. She stated the police are looking for a stronger effort in making sure there are no persons under 18 regardless of whether they are playinq pool. They would like to see stricter enforcement of the 9:30 p.m. rule. � . , 6 �`� PLANNING COMMI3SION MEETING. DECEMBER 22, 1993 PAGE 13 Mr. Newman asked if having no one under the age of 18 after 9:30 p.m. would cause a problem. Mr. Asproth stated it is hard to say yes or no. He met with Deputy Director Lenzmeier about this, and he had no idea when he wrote his first memo what University Billiards did as far as�juveniles. If a person is 17, out on a date and comes in after a football game, it is embarrassing for them to be told they cannot come in. They can .be at a foo�ball game until after 9:30 p.m. Where else are they going �o.go? This .is not a bad environment: They get many. 17 year olds at 9:30 p.m., but most play pool. � Mr. Newman asked if there is a problem wi*h the staf�ing requirements. Mr. Asproth stated this is something they are already doing. Mr. Newman asked about patrolling the parking lot and managing its use. Mr. Saba stated it sounded as if this could be done better. If most of the problems are coming from the parking lot, having someone out there more frequently would make a difference. �' Mr. Wilson stated there are concerns out there. If their patrons have vandalism to their vehicles, it is hard to keep them as customers. An employee is to go out every 15 minutes but they do not always do that, but he believed they do go out at least twice an hour. The parking lot problem was more of a problem a year ago than it is now. Mr. Saba asked about the lighting situation in the parking lot. Mr. Asproth stated they had lights added around the building. This area is not lit like the Moore Lake Shopping area. Their parking lot is also different. On the crime issues, they make some calls, because they want to stop a crime early on. They have � considered video surveillance. It would be easier to have employees monitoring if there was a camera. Mr. Wilson stated the owners have the same fear as the customers. If the patrons are uncomfortable, they will go somewhere else. Mr. Newman stated the stipulation concerning alcohol is not a problem since no alcohol is served at this location. Mr. Newman stated he is very impressed with the hands-on management, the presentation, and the owners' efforts to have a high caliber business. He also has a great deai of respect for the �--� police department. He believed that more discussions between the owners and the police department would help address some of the � � PLANNING COMMISS�ON MEETING� DECEMHER 22, 1993 PAGE.14 concerns, including parking lot concerns.. By doing so,� they may be able to work something out with the police department. Mr. Asproth stated he spoke to Deputy Director Lenzmeier yesterday and asked what they could do to make this wo�k. He said he would like to keep open communicatipn between them and the police department. � Mr. Kondrick stated that if he were another tena,nt in. that building, he would not like it because he. wouldn't kizow� what..the billiards business is about. It is not a bad business, but�it is the type of business which could create problems for the other tenants. One o£ the things missing here is lighting which benefits all the businesses. More lights will deter crime and also liave more visibility from University Avenue. Lighting is a)s-ig part of the solution. The Commission should try to insist that this be a part of this agreement. Mr. Wilson stated he agreed it will help distract some of the crime for all. Mr. Kondrick stated the. owners could survey much of the parking lot from the building with more lighting. Mr. Asproth stated, yes, but it does get _busy so sometimes they cannot see. Mr. Kondrick felt lighting would be the best way to tackle the problem. Mr. Saba stated he thought the police department would prefer to be called to prevent additional calls later on. The police department does encourage calls to help prevent crimes. He agreed with Mr. Kondrick that improving the lighting or surveillance or parking security people would.help. He would like to see something added in terms of lighting. � Mr. Newman asked what the owners' timeframe was for this project. Mr. Asproth stated.they would like to begin construction in mid- January. Mr. Newman stated he did not think this is the place to work out lighting. One option is to table this and discuss it.at the next meeting. Regardless of the Commission's recommendation, the request will go before the City Council, During the intervening period, the owners could meet with the police department and come up with a plan. Mr. Kondrick stated he would not be interested in going ahead unless there are more lights. It needs lights, it always has,. and � with lights the problems will stop. �''� PLANNING COMMI33ION MEEfiING. DECEMBER 22. 1993 PAGE 15 Mr. Saba stated he does not oppose the expansion. His concern is the security in the parking lot. If these problems are taken care of, he would be more likely to recommend approval. Mr. Wilson stated he agreed that there are few problems inside the premises. Most problems are outside. Ms. Modig asked Ms.�Gardner to address the stipulatior�s. Ms. Gardner stated that regarding�leasing�remaining space, they are working with a current tenant who is looking at taking•over the vacant space for��use as an office• and warehouse. Regarding parking, the spec plan shows 177 parking stalls, not 166 as stated at the meeting. 'She does not know if a physical couri� was ever done. There has never been a parking issue. There were s.ome parking problems with U.S. Swim and Fitness, and they did assign some stalls for tenants. Ms. Modig asked her comments regarding additional lighting. Ms. Gardner stated there is additional lighting on the building and lighting all around the building now. There is a walking path there also. She asked if it would be possible for the City to �"� light that path. From a landlord's standpoint, they did put more lighting on the building and would consider additional lighting as needed. There is only so much money available and it does not matter if it is spent inside for construction or outside for lighting. Mr. Oquist stated there are some other issues to deal with. If the Planning Commission recommends approval, the hours of operation are to be changed €rom 8:00 a.m. to 1:00 a.m. v Mr.y Saba stated he is more incli.ned to approve extended hours with better security in the parki.ng lot. Ms. McPherson stated she did discuss with the petit.ioner that it is possible the Commission may want to table the request. While Deputy Director Lenzmeier clearly documented the conversations with the petitioner, there is no clear direction as to whether or not that changed the police department's attitude towards the presence of juveniles. Because of �hese issue, plus there has not been time for the petitioners to analyze cost issues for the lighting, it may better serve the petitioners and the Commission to table further discussion. The next City Council meeting is January 3, and these issues would need to be resolved by that time. Mr. Newman stated the Commission could also deny the request and � forward it on to the City Council. PLANNING COMMISSION MEETING. DECEMBER 22. 1993 PAGE 16 �"'� Ms . Modig stated she would not be comfortable in voting against the request, but she would also not be comfortable in approving the request because of the problems indicated by the police department. She would like to see the request tabled. Mr. Saba stated he would like to see the lighting addressed before voting on the request. He would now be inclined to vote against it the request. Mr. Oquist stated there are a couple of stipulations that need to be dropped. He doesn't think the police department is as strongly against some of these things as it would appear. Staff may come back with a different set of recommendations. He would approve,the request with some clarification on the stipulations. He thinks there is some communication that could clarify some� of these points. - Mr. Newman asked the petitioners if they would like to discuss the issues before the Commission takes further action. Mr. Asproth and Mr. Wilson stated they would like to have some more time to discuss these options. MOTION by Ms. Modig, seconded by Mr. Saba, to continue the public hearing at the conclusion of the remainder of the agenda. ^ DPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:58 P.M. 2. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF NOVEMBER l, 1993 MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the November 1, 1993;-°-�arks and Recreation Commission minutes. IIPON A VOICE VOTE, ALL `10TING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 3. RECEIVE THE MINiJTES OF THE HOUSING AND DEVELOPMENT AUTHORITY MEETING OF NOVEMBER 18, 1993 MOTION by Ms. Modig, seconded by Mr. Kondrick, to receive the November 18, 1993, Housing and Development Authority minutes. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 4. RECEIVE THE MINiTTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF NOVEMBER 30, 1993 %�'1 e 3 r , /'"'� PLANNING COMMISSION MEETING� DECEMBER 22, 1993 PAGE 17 MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the Plovember 30, 1993, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARLD THE MOTION CARRIED IINANIMOOSLY. 5. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETIIdG OF DECEMBER 6. 1993 MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the December 6, 1993, Parks and Recreation Commission minutes. IIPON A VOICE VOTE� ALI, VOTING AYE� CHAIRPERSON NEAMAN DECLA1tED`TSE MOTION CARRIED IINANIMOIISLY. - 6. OTHER BUSINESS: a. Review Customer Service Surveys Ms. McPherson stated that as part of the goals and objectives for 1993, the City Manager directed staff to conduct a customer service survey. Each of the service areas developed surveys based on their cycle of service for their program area. Community Development ^ sent out approximately 95 surveys from the land use cases of the past two years and received 45 replies. To summarize the results, the petitioners felt the process was clearly explained, the staff report was well organized and factual, and the meetings were conducted in a professional manner. Approximately 800 of the respondents responded favorably. Ms. McPherson stated a summary memo about the survey was included � with the agenda as well as the actual survey results. Staff proposes to send out the surveys with the action taken letters and tally the results on a quarterly basis with an annual review. The written comments received are also included. 7. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #93-17. BY UNIVERSITY�BILLIARDS. INC.: MOTION by Mr. Kondrick, seconded by Mr. Saba, to reopen the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING RE-OPENED AT 9:05 P.M. Mr. Asproth stated he and Mr. Wilson had discussed the issues and agree to table the request. �.m.^ Ms. McPherson stated the ne�rt Planning Commission meeting will be held January 12, 1994, and the next City Council meeting will be February 7. e � � _ PLANNING COMMISSION MEETING. DECEMBER 22. 1993 PAGE 18 r'� Mr. Asproth stated he is not sure about the lighting. Mr. Newman stated the owners need to talk to the police department to see what they would recommend. Mr. Oquist stated employees may also be more willing to go out into the parking lot. MOTION by Mr. Saba, seconded by Mr. Oquist to receive the December 21, 1993, memo to Director Sallman regarding the visit with Greg Asproth; the December 21, 1993, memo to Director Sallman regarding comparison of calls for service; and the memo from Mr. Robert Fields regarding vandalism. � IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED T8E MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Oquist, seconded by Mr. Rondrick, to continue the public hearing to January 12, 1994. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THS MOTION CARRIED IINANIMOII3LY. r:��.1�j;�.��i�� MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. DPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEAMAN DECI,ARED THE MOTION CARRIED AND THE DECEMBER 22� 1993� PLANNING COMMISSION MEETING ADJOIIRNED AT 9:20 P.M. Resp�ctfully submitted, �,.% Lavonn Cooper Recording Secretary�' /"1 �� a � _ � . DATE: TO: FROM: SUBJECT: Community Development Department PLA►NNING DIVISION City of Fridley January 7, 1994 Planning Commission Members Barbara Dacy•, Community Development Director Mich�le.M�Pherson, Planning Assistant � Special Use Permit, SP #93-17, by University Billiards; 7178 University Avenue N.E. The Planning Commission tabled this special use permit request at its December 22, 1993 meeting. Since that time, staff has met with the petitioner.and the Police Department regarding the . concerns raised durir�g the discussion at the last-meeting. Dave Sallman, Public Safety Director, will be in attendance at the Planning Commission meeting to review the Police Department's concerns, to discuss the numbers compiled by the Police Department, and to answer�any questions the Planning Commission may have. At the request of the petitioner and the building owner, staff has reevaluated the parking requirements. The 166 spaces provided on-site was calculated based on ten foot wide stalls which were required at the time the building was constructed. An ordinance change since that time has permitted the use of nine foot stalls in industrial and multiple family residential districts. Using the nine foot stall size, staff recalculated the numbers of spaces provided on-site, and have determined that 186 spaces, four of which are required to be handicapped, are available on the site. Due to this change in parking space calculation, the concer� for re-use of the building has been eliminated. The additional 20 spaces is more than adequate to provide for change in re-occupancy of the building. Staff was unable to verify if the parking lot is currently striped with nine or ten foot stalls. A stipulation requiring verification of the stall width and restriping of the parking lot should be added. Due to this change, staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations. 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. C � ^ University Billiards SUP January 7, 1994 Page 2 2. No juveniles shall be allowed in the University Billiards � without their parents after.9:30.p.m. � 3. The petitioner shall provide•adequate adult staff at all times with�at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioner shall patrol parking lot and manage its misuse. � � . � 5: No alcoholic: beverages sh.all be 'served or allowed on •�. premises. . � 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant spa�e should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 7. The special use permit shall be reviewed by the City Council � one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal. 8. As weather permitting, the petitioner shall verify the parking stall width and restripe the lot if necessary. MM/dn M-94-10 �� . � � �� STAF�' iZEPO�T �� . � � � Community Developme.nt Department Appeals Commission Date Planning Commission Date : December 22, 1993 . City COUncil Date January 12, 1994 �, REQUEST ' . : Permit Number Applicant � Proposed� Request . . � Location � SITE DATA � Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Fnancial implications Conformance to the Comprehensive Plan Compatibii'�ty with Adjacent Zoning and Uses Environmental Cbnsiderations RECOMMENDATION Staff Appeals Commission Planning Commission ALtthor �/dn SP 4�93-17 � � � Greg Asproth . ' �o allow the expansion�of a co�ercial recreation facilit� in a M-1, Light Industrial multi-tenant buildin�.. •�.� 7178 University Avenue N:E. � 178,558.38 square feet 4.1 acres M-1, Light Industrial Office/warehouse C-2, General Business to the North; P, Public, to the South; M-2, Heavy Industrial to the East; M-1, Light Industrial to the West. Park.to the South; health club to the North; industrial to th� East�and West. 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' ��.�,.. , - � ��re►nr �� ' e � � O ' ��.I,I.i.�.l.l.l ��' , �� i�i�ir i�i�i�i '�'}!�; . � � � � ►�r'r,r�r,�`r�r ' W►�� Q@� ,� • � • 1 �� : ��ffl�'� �� .7 .,�,�Q�� r � � - , � -� : � �� r�r�i►'� ,�'�`.�;�� 38�� r��' A �-.�,�� - r//.i�l?lil� �i�i'�ti�i� �� ,�,�� ,� ;� - - � ,,�. , ... _ — s — _ �� 1��f i�� • � � � � � -.. : : , �.�� IrNN � : ` �� - / ►!��►!��i � � , :, " - � � ��,�'� �r , . _ . . �. _ . .� �a � � � � �. �.,; �° '' f�i�i�� . /��/ ilt . � � / �� ..�.��/''.� , , � .r•:!�'/,�f-//; . . % . �i � . . / � . / / , / �� r . / . . _ _. . o . � /,.. -� . : � !� � %� / �. �/ i� .� � ��r �'.� .. . ., . � r��,u�� r � � � I � � ' �, , i / � � � / / e t ■ ■ � ! % � 3 $g � , ■ � � � � L � { � '� ' � � ■ � • � ■ � ^ Staff Report SP #93-17, by University Billiards Page 2 REQUEST :.�•The petitioner�, University Billiards, is proposing an expansion of its operation at 7178 University Avenue N.E. into two adjacent vacant tenant spaces within the•Rice Creek Business Center. SITE Located on the subject parcel is a single story, masonry, multi- tenant bui3ding.� The property�is zoned�M-1, Light Industrial. There is additional•industrial zoning to'the�east.�and�west. Zoning to the north is C-2, General Busiriess. Zoning �o'the south is P, Public Facility. Historv University Billiards is defined as a commercial recreation use and therefore is required to obtain a special use permit in the M-1, Light Industrial district. In February 1988, the City issued the first special use permit to allow the establishment of University Billiards. At that time, the facility was 5,186 �""''� square feet. In July of 1988, the City Council reviewed this special use permit for compliance with the original il stipulations. At that time, the City Council chose to remove four of the stipulations, including the limit on hours of operation. In 1989,. the petitioner filed a second special use permit to allow a 2,600 square foot expansion into an adjacent tenant space, bringing the�total floor area to 7,792 square feet. This request was approved with six stipulations. � Present Request The petitioner's current request is to permit an expansion of the use into two adjacent tenant spaces; one to the west and the other to the south of the existing space. This expansion will allow the addition of 16 pool tables, 5 arcade games, 2 dart games, an expansion to the kitchen, and the addition of a pro shop. The total sguare footage will be 13,792 square feet. ANALYSIS Section 205.17.O1.C.(4) allows the issuance of a special use permit for commercial recreation uses subject to the following conditions: �, Staff Report SP #93-17, by University Billiards Page 3 1. The parking supply shall be in compliance with the requirements of Section 205.i7.05 of the City Code, and be sufficient to support�full occupancy of the building. . 2. Only wall-mounted signs..subject to the�limitations of Section 214 of the City Code shall be permitted. 3.• The propose�d use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce the.existing ievel o€ service as : � defined by the Institute of Traffic'•Enginee�s on stree*s at intersections. � . - 4. The proposed use in the opinion of the City.Council would be compatible with the area,in which it is proposed to be located. 5. The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use. In addition, the section allows the maximum gross floor area for both tenant size and percent of total building to be considered on an individual tenant-specific basis. The petitioner-has previously demonstrated can be met by the use. The City Council's previous r.equests has demonstrated that the that the use is compatible with the area it that items 2, 3, and 5 granting of the . City Council agrees is located. In the 1989 request, the parking requirements were of most concern regarding the expansion. Adequate parking is again a concern for the present request. The proposed expansion will increase the area occupied by University Billiards to 13,792 square feet or 240 of the building. Based on the uses within the University Billiards tenant space, 82 spaces will be required; almost half of what is provided on-site for the entire building. Based on the tenant usage supplied by Brookstone Management, 132 spaces are currently required by all tenants within the building. This will increase to 162.spaces if the proposed expansion area by University Billiards is approved. There are 166 parking spaces are provided on-site. There is 6,003 square feet of vacant, leasable space remaining. If staff uses the speculative parking ratio of one space per 500 square feet, 12 spaces would be required for the remaining vacant space. There are only four spaces remaining which would leave the property under-parked by eight spaces. To avoid this, the management company would be limited in leasing the remaining � � � � Staff Report SP #93-17, by University Billiards Page 4 square footage to a tenant which only uses warehouse space. Brookstone is attempting to acquire a reciprocal cross-parking agreement with U.S. Swim and��Fitness to the.north. A�parking agreement currently exists which permits U.S. Swim�and Fitness patrons to use the northern parking stalls of the Rice Creek . Business Center during off-peak hours. Brookstone is attempting to amend this lease to a11ow�University Billiards' patrons to use the southerly spaces of the U.S. Swim and Fitness parking lot during non-peak hours. Brookstone may pursue this option, but given staff's e�cperience with •the parking situation in this a•rea, •this is not a viable solution �o �he parking problem �(see memo from Steve Barg�dated December 17, 1993). �� - POLICE DEPARTMENT CONCERNS Staff has received a memo from the Police Department outlining two concerns regarding the present request. They indicate that �there is a concern_with the number of�calls for service at University Billiards and the presence of juveniles under 18 years of age at the billiard hall. The condition of approval for the previous request required that the petitioner sh�ll sign and �� enforce the curfew for minors. In Deputy Director Lenzmeier's memo of December 16, 1993 to Director Sallman, he states that the curfew law prohibits juveniles under the age of 18 from loafing or loitering in a public place after 9:30 p.m. He states�that it is_ almost impossible to enforce this ordinance in the billiard halls, sinae a person waiting to play billiards is not necessarily loafing or loitering. The result is that juveniles may "hang out" all night at the billiard hall. The result of juveniles "hanging out" is that the likelihood of certain crimes increases as a result of their presence in the billiard�hall. The Police Department is currently in the process of comparing crime information from the area around University Billiards to the area located around East Moore Lake Commons mall. They are attempting to compare the number of calls for service and the types of calls for service for each area. It is the Police Department's inference that the presence of the billiard hall increases certain types of crimes. The complete analysis will not be available for the Planning Commission's review; however, a preliminary analysis has been submitted�with Deputy Director Lenzmeier's memo. The Police Department has recommended that three actions occur in regards to the present request: � 1. The present request be denied. Staff Report SP #93-17, by University Billiards Page 5 2. The hours that University Billiards to limited to 8:00 a.m. to 1:0o a.m.� � . 3. That no�juveniles be allowed in the University Billiards �.without their.parents after 9:30 p.m. • :• .� The current�hours_ of opera�ion is from 11:00 a.m. to 6:00 a.m., � or in some instances, 8:00 a.m. closing time•typical�y occurs during•Friday and Saturday. If the Planning Commission chooses ta approve�the request €or�expansion, the request by�th�.Police .� • Department .to limit the� �hou�s o� -o�ieration' and 'eliminate the . presence of juveniles after 9:30 p.m. are recommended as stipulations of approval. � RECOMMEBiDATION Staff recommends that the Planning Commission recommend denial of the request, SP #93-17, to expand the commercial recreation facility for the following reasons: • 1. The petitioner has adequate use of the facili�y as a result of a previous expansion approval by the City Council. �` 2. The increased parking demand generated by the expanded use leaves little or�na flexibility for the property owner for re-occupancy of the building to more intensive uses. 3. Documented parking supply problems with U.S. Swim and Fitness. - - If the Gommission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations as a condition of approval: 1. The hours of operation shall be limited from 8:l00 a.m. to 1:00 a.m. � 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shali provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioner shall patrol parking lot and manage its misuse. 5. No alcoholic beverages shall be served or allowed on � premises. � Staff Report � SP #93-17, by University Billiards Page 6 6. The development owner shall notify the City of future additions/expans�ons of vacant building:space and shall - � •� accept.limitations on'occupancy of remaining vacant space' �� - should parking shortages result. The development owner �� shall agree in writing to acGept this stipulation prior to� the approval of the special use penqit by the City Council. 7. The special use permit shall be reviewed by the City Council . one year.from the date of approval or sooner if the City �� determines there�is a management'problem which'requires . � further restrictions o� reinoval. � � . ' • • • m /"� / ` 0 -:.�._. 0 � i� . � " , . . : � � � SP ��93-17 � Greg Asproth . � � �� . � -� o • ��. r • ' . ��. . , .. . - , . • •• • � / '�� . ,- � 1 i! � � ; , A �l � ,-C •�, �` �._ --- � � _ -__. ,� .... . _ _ . . `:...,..._..._.�..' � , y � ` . � ' � _� • . � ...._a w� �S—•i j � � �.�. r.�.-� . ' � j ..... - , • • --T„ ,�,�� . � t h '`t ' , •; � � . � 1' ,. � 1 w; .r.' � � � . �. � /� ti � . r j , l . i ' , � 1 ' . �' � j ( �. � � ^ `w �",. �.. , . . _ � ' "r, � 1. -� � i �. - �. l �.• � • �..� � :��:vr�_-+r,•.c::-�ii ' � ./ •` , � .. � 1 • �` i . � � S . i • �� • . �_ _ ' - ; �° . . . .. ... �� . ,...___. �, _ � �..._.., << � 0 0 FLOOR PLAN /� t RIC� Cr•c�k . � . ,L ]L auslttcss CcnlCr, • , ��YtnftcicJ olCcrs you a protcsslr�naily landscapcd sctUng wltl� abuttdant frcc parF:ing. s Arc)titccturallydcslgncd, hlgl�ly encrcay-e(Ilci�at and . fully:tnsulatcd bulldings. . • Ctllcicat trutk toading — � . gradc or dock hcighi cl�ors. 1`1PC �i'OOf Cc7nSiructlon; Gllly • � . 5prinktcred. • � � • �8,44G squ�rc feet of . oltlec scrv(cc, � manulaCtuCitl�. sllGwroom � . and war�lzotisc spuCC,wltli • , � • � ind��idual opportunities .. . . : . [rom I,U00 squarc feeL • F�cxlblc Aoor attd bay sI�lr►g to tncctyour current - . and anttdpalcd needs. • Casstamtzed at[icc spacc {iril�shcd tc your sp�clAcaUons. � t'elglt vlslblllly � �ight o�f G9� on Univcrsiry Aveauc. � Casy acCC55 lo tliC U.S. Swim and t'Itt�css. Ccnter �'will bC an adc7cd benciit for your cmployccs. . _ � �� NOA'17fTOR'AI 4`R95SCOR%N , t•• �.�51101'1'WG CENfFR itICE � 1?. * �$iV'I'�g ;. n � � ? N ;� 1.694 ,i:� �^";�._�.." '.,' , , .::i.�i--l�:�F�w�i".:�tG , � �j .a �'��s,"� : � S: ,� �. .� :. ��l' � �� s�� !'o�� a r .;,�: �•,. i �� i:ybWb� s • � � y fNVY36 .. � �K �� ' ►� �4•b t a llal.eedry� ro A1pi� f r►• �• r�r µti,,,a„■ � � '•i0�•Y.�':�ii d,' �+.s�.e.a R(ce �ree[c Business Center — P'ridley S•E3,44� sq. R. total arca. SP �93-17 , � ' � • �• . 7178 University Ave. N.E. • Fridiey, Minnesotd SS43Z 574-1399 December 16, 1993 City of. Fridley � • 6431 University Avenue N.E. Fridley, NIN 55/+32 . • Attention: Michelle McPherson - . � Planning Assistane. � ' � � Regarding: Future Expansion ' Current Stipulations #1, 2 & 3 _ � Please find enclosed a detailed description of future expansion and.stipulations: We currently have 29 pool tables and will be a total of 45. There are 7 arcade games and we are able to add approximately 5 more based on their size and our allotted space. We have 2 dart games and are adding 2 more and relocating them towards the front of our space. We plan to add a kitchen including one or two mare freezers and an oven�grill/deep fryer:to serve hambux�gers,Lti�:es � and possibly onion rings. The kitchen will be approx. 238 sq..ft. and a new pro shop will be approx. 420 sq. ft. including pool table accessories. �� In regard to current stipulations: #1 We have posted on our door thay no-one under 18 years can be in our place after 9:30 and we do ask.to see an I.D. if _..:. we think they fall into that age group"and a�°e ifl our�place after hours. #2 After 6 P.M. we have sufficient adult staffing. After 8 P.M. there are 2 to 6 employees working until closing, A11 of our employees are over the age of 18. #3 We patrol the parking every 15 minutes and if any customers are out in the parking lot we ask them to came�in�.or.��o��leave. If we can be of any further assistance please let us know. Thank you, . Greg As th University Billiards � GA/na . .' �i�;,`;��?on::�� %�' ��. - - a ;;��; . , ��:�. :i► � •� < POLICE DEPARTNIENT C�ty of F��diay Minnesote DATE DECEMBER 17, 1993 FROM DIRECTOR SALLMAN. SUBJECT IINIVERSITY BILLIARDS MEMORAND4JM •� � • TO ' CITY MATVAGER � . �MICHELLE MCPHERSON . �DEPUTY.DIRECTOR LENZMEI '��' � _� -� _� �� ii This memo is in response to a request by University Billiards for a special use permit to expand their business to 13,000 square feet. The police department has some significant concerns. Attached is a memo from Deputy Director Lenzmeier noting some of the problems that we have experienced at University Billiards. We are in the process of comparing crime in the,area of University Billiards to the East Moore Lake Commons Mall. We believe that the ^ results will show a significant amount of crime in the area surrounding University Billiards as compared to the East Moore Lake Commons: The significant difference between the two areas is a 24 , hour billiards establishment. It is our contention that University Billiards attracts clientele that is responsible, in par�,'for the crimes in that immediate area. We have received numerous complaints from surrounding businesses of vandalism to their businesses and vehicles parked at their businesses. We believe that the numbers will show that there are more vehicle break-ins at US Swim and Fitness {near University Billiards) than at Moore Lake Swim and Fitness in spite of the latter being many times larger. It is staff's recommendation that: � The requested expansion be denied The hours at University Billiards be limited to 0800 to 0100 That no juveniles be allowed in the University Billiards without their parents after 9:30 PM. I realize that all..of the conditions may not be possible, but it is our responsibility to note that, in our -opinion, IIniversity �--�-, Billiards presents a significant public safety problem in the City of Fridley. We will provide further supporting data as it is prepared. m �r,y :�„��`�<r:�� ' �,y� _ � ,. � �; . � � ��; ��, �r �l�( DATE FROM SUBJECT PO�LICE DEPARTMEII�T C�ty of F��diey M innesota DECEMBER 16, ].993 DEPUTY DIRECT(�R. L IINIOER3ITY BILLIARD3 IER � • I MEMORAfVDUM � TO DIRECTOR.SALLMAN ACTIONI IN The University .Billiards started in Fridley on February 22, 1988 with an initial size of 5000 square feet. Since it was a recreational business that would be operated in a business district, it n�eded and was granted, a special use permit. At that time there was a concern about hours of operation and so the business was to close by 0100 hrs each day except for Thursday, Friday and Saturday when the business.was allowed to remain open until 0200 hrs. � On April 3, 1989 the business was granted permission to allow it ^ to expand to 7800 square feet. In additiaA, the hours restrietion was removed. Today the business is a�24 hour business, It is unknown at this point how long it has been operating at 24 hours per day. � University Billiards has now requested to exp.and their business to 13,000 square feet which almost doubles the size it now occupies. It is the position of the Fridley Police Department that not only this proposal be denied, but that we again limit their hours as was done in the past. T1}e problem we have�today is that there is not enough time for our �omputer system to compile enough data to substantiate that the University Billiards has attracted customers into our city that may be responsible for a higher incident of crime in the area of University Billiards than in other similar areas of the city. We would like sufficient time to compare the calls for service from the strip mall in which University Billiards is located with the calls for service from East Moore Lake Commons. Both locations are near a 24 hour health club (an important point since it is felt that there is a higher incident of theft and vandalism to vehicles at US Swim and Fitness than there is at Moore Lake Racquet Swim and Fitness.) The University Billiards strip mall has a total of 11 businesses which includes US Swim and Fitness, while East Moore I�ke Commons has a total of 12 businesses which includes Moore Lake Racquet Swim and Fitness. Although East Moore Lake Commons does 0 �� . . . � • � � not liave a billiard hall, it does have Joe DiMaggios, as a sports bar. � �. As a preliminary study we were able to run statistics for only Joe DiMaggios and University Billiards. During the period of 1/1/92 to 12/16/93 there were 134 calls for service at University Billiards. During that same period there were 32 calls for service at Joe; DiMaggios. A breakdowri of some .of those calls is as follows:. � . � � � �� COMPARISOIV OF GRIMES AT UPlI.I�ERSITY HILLiAF:DS ANL► JOE IiIt'lAG6IOS Cri m�s Uni versi t}• J��e L�3 i1�.ggi os ' � � Filliards • � �=issa!��1tG . � ' � . .� � . • ' . . � .. . �. . Pr-opert}� Damage i l � L�isturbing the Feace ].? 1 F'ossessi on of Li quae- 9 � Qt+sceni-t� � � TF�e�ts 1' 8 Dr�cgs � � Finally, University Bi.11iards has a unique clientele that �is unlike many af the businesses in Fridley. While it attracts many juvenile customers, it also attracts adult customers. Therefore, it is possible that the business will have 50 people inside, half of which are adult and haif juveniles without parents. While you may find the same proportions of crowd at a movie theater, they have little, if any, interaction which is not true at a billiard hall. One might think that our curfew ordinance.would keep juveniles urac,ier the age of 18 out of the billiard hall after 2130 hours. The curfew law prohibits juveniles under the age of 18 from loafing or loitering in a public place after 2130 hours. It is almost impossible to enforce this ordinance in a billiard hall since a person waiting to play billiards is not necessarily loafing or loitering. That gives juveniles a place to hang out all night. Juveniles hanging out after hours with nothing to do increases the likelihood of crimes similar to those listed in the above table. DATE• TO: � � 0 � . C] Community Development Department � � PLa�NG D�SION City of Fridley 0 0 December 17,�1993. Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant ' • •FROM:. ' ., Steven Bar.g, .Planning As�sistant . . � . � SUBJECT: Special Use Permit Request for Expansion of TJniversity Billiards This memo is written with respect to the University Billiards special use permit application which will be heard by the Planning Commission at its December 22, 1993 meeting. It is my understanding that this application has raised parking concerns which involve the U.S. Swim and Fitness facility. During my five years of employment, I have occasionally received complaints regarding parking problems at the U.S. Swim and Fitness facility at 7200 University Avenue N.E. The most recent complaint was received on November 29, 1993. The primary issues generally involved in these complaints are as follows: 1. On-street Parking/Safety Hazard. In 1986, the City removed the no-parking signs along the east side of Commerce Lane N.E. as a temporary measure to provide additional parking for the U.S. Swim and Fitness facility. Although U.S. Swim and Fitness obtained an agreement for additional parking spaces at the Department of Jobs and Training facility across the street, the parking restrictions were never put back into place. As a result, there often appears to be.a safety hazard caused by vehicles parked very tightly together along the east side of Commerce Lane, extremely close to driveway entrances. This problem is especially severe during the peak hours of U.S. Swim and Fitness' operation, from approximately 5:00 p.m. to 9:00 p.m. 2. Insufficient Use of Additional Parking. As I indicated, U.S. Swim and Fitness obtained an agreement in 1986 for additional parking in the Department of Jobs and Training lot on the opposite side of Commerce Lane N.E. However, my observations suggest that U.S. Swim and Fitness patrons often do not use this parking area for overflow parking. As � • . ' ' ' ' , , • ' ' . . . + ' . . 3 � Expansion of University Billiards December 17, 1993 Page 2 a result,.Commerce Lane and perhaps other adjacent parking • . facilities.become more crowded. �� . - . - . 3. Inadectuate Maintenance During Winter Months., The complaint which I received"on November 29, 1993�conc�rned.possible . �� -. inadequate maintenance of the U.S. Swim and Fitness parking lot: Although the condition of the parking lot (some.snow and ice build-up) did not warrant a letter of non-compliance _ in my opinion, I would agree with the.'complainant that such � . 'mainteriance may lead fitness center patrons •to� park � . ' - � � els�where. . . ' � . ' � . . . . � . . . . . � . At the present time, I am monitoring the parking situation�on - Commerce Lane and have written to the property owner of U.S. Swi.m and Fitness indicating that the City may consider posting no- parking signs if this parking situation does not improve. Please let me know if you have questions or wish to discuss this further. BD/dn . r"� M-93-751 �, LiEC' 16 ' 9=, 1 c:�;� 8��:�C�k.:STciPdE FAGE.Nc �IC$ CR��lC 808IDi�88 CEN'1'ER PARRII�ia BITIIA'i'Y01�1 � . . � Sq: E't. Breakdown . � � ' . Stall� �avs(,�., TAriSrit � bffice Comm�rcial warehause �tequirea 1- z Bradic�rd�s � 618 1�,190 . 3,918.. :3:2 3 Propos�d . . � . . 2, 877 . �g � � . Expansi�n � •: . . � . 4- E� • Uaiversi�y 511 7, 514 �'l12' � : 52 � Hill i.ard8 7' Proposed 384 �,508 886 :�1 Expansion 1/2 � Preferred Temp. 1/2 ffi & Garpet 9-11 Tiesign Genter 12 - 13 Vacan� 14 - 1$ Commer�3/ J-comp �s cominers L�tpan�ion 2� — 21 Mag. Research � TCTAL BB Office 16,414 Wareizouse 30, 025 Conu�tercial 12, 00'7 ; 1, 796 Z,363 3,205 5,737 1�, 795 1,$00 16,�414 12,007 �_oF strsz.�asxa 28$ 51$ 21� 6,522 2,798 6,509 2,894 3,509 30 0 52 7 �� .� �- i _� 16;� .� ; � � . � �, � � � � . . � 6 �, 2 835 3591 . . . . � . � ' .� . '� ' '�• JAN 6 ' 94' .17:84 • BROOKSTONE , ' � � � �� . �. � Midwesti Spartg Carda:& Prv shop Chuck . . � . � � � � 5T2-1770 . . � HOVI�,dF �3PSRAT3;ON r�onaay . � �: aa to s: oa� Tuesday �:00 tO 5:00 Wednesday 9:od ta 8:00 Thur�d8y ' � .9:OQ to 5:00 . Friday '� 9:00 ta 5:00 Saturday 9:00 ta 12:00 £und�►y Glosed TOTAY� 1riUI�IBLR dF �MFLOYELS s fuli tim� �ar�rt+rs oH c��rrr$_r�s coorrr Wednegday is th� busi��t day Approxi�dately 50 customers per dgy PAGE.02 �-- 612 835 359.1 . . � ' ' . �' JAN • 6 ' 94 17: 05 . .'BROOKSTONE � PAGE.03 ' � �tagnum R�search � . �Tudy � �. . . . . � � . 574-1868 � .� � - . . Manda�r 8:30 to 3:00 � � Tuesday � � 8: 3�o ta 5: b0 � - � � � � .�_ wecu�,�sday a: s o to �: o a Thur��ay - ._s:3o ta ssoa � .� .. . �riday 8 : � o .to � : oo . . . Saturday Emplayees occasiona�l2y in an wes�k enda No se� hours Sunday '�'dTAL WQM�Elt dF _ LIyYE 6 12 fuli tim� 2 paYt �ime �@�G��LB cauNr __ No aGtual �uato�ar6� pnly cacaa.sional deliveriee/vendars � � � 612 835 3591 . . JAN �6 •' 94 17: 05 ' BROOKSTONE. � Com�ers P�intinc� - �. � stav� � " � . 571--3344 � � . �b�� d�T�ON Mond�y � �.' Tuesdey . � Wednesday , Thuraday Friday �"`� sa�urday �. 8:00 ta 5:00 8 : oo to �.: o0 8:00 to 5s00 8:00 t0 5:00 ..' . PAfE..04 ' . , .,.. . . 8:00 to 5s00 L�aployees acoasion�lly in an week ends No set haurs Sunday , • � TQ'1'A� NOMB�R OF E�'LOYBES 2i Pull �ime 2 par� tim� Ct3�'8 ON . I�NTI�Lg CbUNT 25 custom.ers per day Pretty muoh �n �ven f7.ow of people throughou� the d�y 612 835 3591 . ' • JAN �6 ' 94 . 17: 05 BR-0OKSTONE � . Carpet Dasign Ce�n�er � . � � Paul Reines�sc►n � � . : � � � . � ' � � .571-3338 � � . �. . .. � � � . gomte a� _��BA��'� . : . � Monaay � g s oo t�o �: oo � � .�. � Tuesdny � • 9:00 to $s00 � . W�dnes�,�ty 9:00 tO �:OA Thur�d$y - . 9:C0 ta 5:30 ' . . Frid�,y 9:00 to 5:30 S�turd�y lO:aQ to 3:po Fundz�y Clased n�ts�ar. ��R OF $MPL07[LE8 . 11 emgloyees - 8 A�proximately 2� custvmera per day Tragric haavy dnrir�q the eveninqs� and on Sa�urday 0 PAGE.05 � . . � � �� 612. 835 3591 . . :' � ,JAN 6 ' 94 17: 06 � �HROOKS.TONE /"� : PAGE.06 . . � . Masterson Per�annel . • � Allan Hsrtley , � . : • . •. . . � � . � 571-6090 . . . - . . . � . . �ROURB �OB OPLRATgbN � ' ' • � • . . � . . . Manday 6:00 ta 6:oa ' . .. . ' T��s�i8y �. • 6:OQ to• 6:00� . . . • _ . � . Wednssday 6:00 �a 6:00 mhursday 6: oo �.a 6: 40, . Friday 6:00 �a 6:00 � n sa�urday . G:00 ta G:00 Sunda�y �lased ' LR OF � 4 fUll t:tme �� C�r+IIKENT� ON CLIENTSI,�COUNT � Afternoons between 2:40 and 4:00 t�pically have higher traffic Friday b�tween 12:00 and 4:00 are high as that is pay day tar their clients i"� . 612 ��5 3�91 � . JAN 6 '94 17:06 �.HROOKSTONE `� ' . . Budg�� Distribu�king � � , . ,��i�y - punri/Mike/'J6n $t�i'�bold � 633--8232 ' � � � � �londay � � - �. � 10�: o o .- to � 6 : 00 . ' " . .� � Tuesa��. � � . � �o_�oo.�to �:o+� Wednesde�y 1Q:04 to 5:00 Thursday 10:00 ta 6:04 F�id�y 10:00 to .6:00 saturaay �o:ao to s:ao �� Sunday Clased �- '�'�TAL NtiMBgIt� QF SMPIA_�'.�H • � � �t _ � " sY � *�. � 0 ' PAGE.07 0 � n . �� "� PUBLIC HEARING BEFORE THE PLANNING COMMISSION �� . NotiCe is hereb�r given that. there �will be a� Public ,Hearinq of the Fridley Planning Commission at�the Fridley Municipal Center, 6431 : �University Avenue N.�.. on Wednesday, December 22•, 1993 at 7:30 p.m. for the purpose of: � . . � Consideration of a Special Use Permit, SP��93= .. 17, by University Billiards, Inc., per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots -4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. • /"� /"1, Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than December 15, 1993. � Any and all persons desiring to� be heard shall be given an� opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. Publish: December 7, 1993 December 14, 1993 DAVID NEWMAN CHAIR PLANNING CONlMISSION �=—.�: -�' .� �,� , CITY OF FRIDLEY p � 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, �MN 55432 - � , � 5 �`� - - (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT=�� . � �,�� .,:a:, . . � . . ,., � SPECIAL USE P�RMIT APPL`TCATI4N FOR�� ``�a��` ��. . , . .. �. � . �...� . . �ROPERTY INFOR ATION r site p�n re uired �for submittal; see attached . aaa��s� 11 �` e. s � ; . � . -- : . . _ . Property � identification Number (PIl� ' . • - : . . . . � � " ��" �Y�' "�. Legal description: . . - � . , � . . � Lot Block Tra.ct/Addition -� ;_ . _ � � j< Ci�i'e�t zoning_ .. - - - � `` = SQuaaze�c�i�geJac%age � �.� u � ° � �t`�� . .�..�. _ .,j . . ` �. �� 12eason for:sp+ecial us�. per-mi� • � - ' � : ': ��' � , . . � . , x. . . . . . - � . - j �.: - � � . Section"of city Code: �- ` � �: 11.1'� � � �. ��u .�Hav� �ou� operaxed a�usuiess in.a ci� w�iich reqturec� a br�suie�s`licet�se� ��" / : , '. . ' : ♦ -�. .. : . . . �,a ny ° iY ' �s a� � �:�, �'Yes - �i �No - � � � . If yes,.which city? � ` '� ` � ° : ,�: . . - - � . If �yes, w�at ryp� of business? � � � ��-' �� - � - Was that license ever denied or revoked? Yes No � '%'` t FEE OWNER INFORMATION (as it appear.s on the property title) �;; '(Contract Purchasers: Fee Owners must sign this form prior to processing} _ NAME ADDRESS _ . . _ . -; ° DAYTIlVIE PHONE - �;, �,, . � , ,; V � : , , � SIGNATURE - DATE � S ' : ETITI ER INF RMATI N ��, -; � `y � _ . � ' � � '' x - - � -:.,; . �:-; + ec � N�►N[E `I � � � I ` - w. ADDRESS �_I � �('S� � . `'' y .,:. � af : i; : ,,�� a, . �— , - �� :` �`� i:> : �� SS DAYTIME PHONE S� . , ,' `�'.` SIGNATU DATE. ' �� µ -. €i _ � . ��: Fee: $200•00 � $1�.00 for residential2nd accessory buildings : �" Permit SP #�� I� Receipt # �I I S 3: � Application received by: � _ Scheduled Planning Commission date: 2Plll ,� � Scheduled City Council date: ��:,� ,. ��'; �;�� ,'� _� . � _ �..; . ..'u �' ,� . � . . '� CITX Q� FI�DY,EY � 6431 �JN�RSITY Av�N�I� r�.�;. FRIDL�Y, MN 554�2 � (612) 57I-34�p. . . . - (�rf�t��NYTY D�V�I,QF . . . �...�� .. . s��czA.L �.T�� E�IT s xiEPAR�M�NT � T�C��T �OR� �. .�. R� . � I �.��.5�� -, site p an re u' d far s�ibmittul; see;�tt�tched . �; Addresc: .� � � � � d't �,�'� � � • � - • � •. . � ' � � '• �� .� PrOpCrty IdentifiCa�tiC•n Nu��,^r (l�l'N) R1 34 24 32 0� 9� •. .�, . �K_ i,.�sal d�scrigtioa: _„��..�. ., • . , Lt�SG •r �� R � . ~ •�••. • �, . � 4 � - �l�ck � • � TracdAdditi4n �.p�� zndustrial Park • excep the. ------,._.... CliliLflt ?ACLIA$'� 'CcUMM-�I1�� : ' • . LO 4 ; . , ' ' ' .,.�..Y..�.:SquRrEfQt7t�.lgpl,t�.�`C8 ' S8 �4$:•.SF, :,, ,� r'•'= ' • • �' _ . . . .. � Rt�.�bn for'�pe�i�I ase. permit� ' � � ` ' � . � � � . � '��' � . ' � • -. � , . , •. . , , . , , :. . , , ��, Section of Cicy Cad�:' ' � � • :Iiavp yau: ap�r.�tacf a ba$iness irs.a city wluch requirec� a, b�'s'�ss'li n 7• '�' . '' . . CG Se. • •• � ' .� ' Ye.s ��..� �No • `' � yTi' y�;,.which: ciry� : . . . ---� , � . . . I£ yes, wh�t tY� Of buSinesS? ' , .w . • ' - _.._. . . �Vas that Iicertse �ver cicnied oi �'et��kecl? Yeti ' '' .�..._ N� .�._.. �'� . �.v a ��E lJWNF�.I�T�,�nR.�� (�S iC �p�e�xs � ti�e propext� titie � % (Conrrtict P'urcht�sers: Fee pwn�r� rnust sign thlt f�rm pr�or '' processing) NAME �'ridley Business p�,�za Limited par �rship -�.��,_� ADDR�SS c o 8xookstone Real Estate � �_�. Servi��s , 7[nc . �� 3S�I 3300 E&inbarouqh way ��'� Edina, MN. SICNA' ��..��. __ _�A iViE PHON$ (� 12 ) 835'o aba �j�,,�� •, —�_.---%5�; /�� - �- - A -- - - 17ATE 1 1 /22/93 NaME — ��.� StCN/�TL1 . - . + l E. � ,, i �c� a��,. �..i :�� Ce: 9;2(}().QO �.,w $1(K),pt) � � f�r residential Permit• SP # ,��_�� Receipt t� . rxoNE 5^ _ T]ATE '� � :tccessoiy buiidln�s Appllc.�t�an rec.�e�vcd ,�y: Sch�clultd Plannittg C.omnuscion ti;i�c: 'e. Sc}�eclt�led City Coun�:it d;uc: ...._...___ . ; - .. �.�..__ � � � 0 SP •��93-17 University Billiards, Inc. MAILING LIST University Billiards, Inc. � � Greg Asproth � - .. . 717$ Universitp Avenue N.E'. � � ' �. , � � � Fridley, MN 55432 , � • ' , . �• ' Trustee Group Realty Partnership � � 251 :Commerce Cir.cle �South � . � � Fridle.y, MN 55432 Trustee Grb�.p Realty Partnership, • - 36..10 I�ighway. 101 South �. . • . . � , Wayzata, MN 55391 � • ' Parkview Developers 250 Commerce Circle South Fridley, MN 55432 �Parkview Developers 6279 University Avenue N.E. Fridley, MN 55432 U.S. Swim and Fitness ''' 7200 University Avenue N.E. Fridley, MN 55432 Winfield Development 5780 Lincoln Drive Edina, NIN 55435 Current Resident 7110 University Avenue N.E. Fridley, MN 55432 City Council Members Planning Comm. Chair Fridley Business Plaza Limited Partnership c/o Brookstone Real Estate Services, Inc. 3300 Edinborough Way, �207 Edina, MN 55435 PI,ANNING� ' 12/3/93 COUNCIL �, f� �`""1 . .. • � .. . � . . � � w�. '� Steiner �� Development, Inc. 3610 South Highway 101 . Wayzata, MN 55391 � � . (612) 473-5650 Pax 473 70�8. . n �, To: From: .FAX MEMORAND.UM David Newman Chair of Planning Commission 6431 �University Avenue NE � Fridle�, Minnesota 5543 � Robert Fields �'" Property Manager Date: December 20, 1993 CC: Dave Kordonowy Subject: Vandalism Fridley Industrial Park Southwest Comer of 72nd and Commerce Circle West I am writing to you at the request of Michelle in the City's Community Development Department. I had voiced concems to Michelle about an upcoming hearing on a Special Use Permit for University Billiards, Inc. Immediately below is an excerpt from a letter sent to your Chief of Police in September. "Recently there has been a rash of petty vandalism at our three buildings known as the Fridley Industrial Park {formerly Paco Industrial Park). The most serious of the vandalism occurring this past week with a three night spree of beating up on our decorative lighting fixtures near the front doors..." "...Your Officer believed that the problem may have. resulted due to the foot traffic from a-� ° billiards hall in the area." The tenants in our buildings have also voiced concems that the vandalism was being caused by patrons to the billiards hall. 1Rle are not opposing the issuance of the Permit, however we are voicing our concerns about the problems we are experiencing. Pointing out the additional patrols needed by the Police, and requesting thought be given to some conditions to the permit which may prevent problems such as ours, and the problem and cost of the City Police Department. Your attention in this regard is much appreciated. Should you have any question or comment regarding the above, feel free to contact me at 473-5650. Page: 1 frivandl.doc 0 /iii;;„,��`;„a�� // "�� : �E.yY � ��ti � ��r POLICE� DEPAI�TMENT City of Fridley M innesota DATE DECEMBER.23, 1993 FROM DIRECTOR'SALLMAN ' SUBJECT IINIVERSITY BILLIARD3 MEMORANDIJM TO CITY MANAGER MICHELLE MCPHERSON � ACTION .INFO� .X � .. �{ DEP.' DIRECTOR LENZMEIER . Attached are two memos from Deputy Director Lenzmeier concerning University Billiards•. The first is a comparison of crimes in the mall. of University Billiards plus US Swim & Fitness, and the East Moore Lake Commons Strip mall including Moore Lake Racquet Club. This comparison was made as the two areas are similar in size and make up. The East Moore Lake Commons�area'�is actually larger and includes more retail businesses which tend to be subject to shoplifting, etc., and have more vehicles in the area. The numbers show quite clearly that in spite of the Moore Lake Commons including a Sports Bar, the area around the University Billiards has more crime. There are no other contributing factors to the area that account for the difference in the crimes other than the existence of the University Billiards which is open most of the night. The second memo is concerning a memo that Deputy Director Lenzmeier had with one of the University Billiards owners, Gary Asproth. Mr. Asproth spent at fair amount of time defending his business and the efforts made at University Billiards to control any problems. � � I should note that our issue has very little to do with the way that University Billiards is operated. It is our belief that the management does everything that is reasonable to operate a safe environment inside of the business. Our contention is that because of the hours of business (i.e., until 5 or 6 AM) and because of the mix of juveniles with adults, the business is a draw to persons that commit crimes in the area. The University Billiards often attzacts adults that come after. the bars close at 0100 AM. TYiese people have been drinking.alcoholic beverages whieh tends to alter their judgment. We are not saying that. all of the clientele at the University Billiards are a problem. We realize that billiards leagues exist and that the customers; in general, are decent folks. It is our recommendation that: - The requested expansion be denied - The hours at University Billiards be limited to 0800 until 0100 - That no juveniles be allowed in the University Billiards without their parents (not just other adults) after 9:30 PM X � /"\ � �"'� Memo To: Director Sallman � From: Deputy Director Lenzmeier Date: December 21, 1993 Subject:. Visit With Greg Asproth, Co-owner of University Bil�iards � � �� 4��T��.e�� . " On 12/Z1/93 Mr. Greg Asproth.came to the police�department to�ta�k to me about my memo of 12/16/93. He told me that he npticed that it is the desire ,of the police department that he curtail his �hours of operation. He said that all of the non-alcoholic po.ol halls in the a�ea� remain open to about 04.00 hrs. He. fe,lt•��that h.e• wo�zld:.lose � �a lot o� cu'sto�ners. if Y�e were to� curtail his haurs. • to be l�ss .then that of his competition. Iie said what they usually do is �o �cfieck how many customer are in the business and if they only have a few, they close at 04�0 hrs. If they have enough to make it worth while, they will remain open until 0600 hrs. He was also concerned that we were measuring his calls for service to a bar. He said that he was under the assumption that the police wanted him to call for any and all problems. He was surprised that some of that effort was now being held against him. I told him that we do encourage him to call and he should continue to do so �--� and when we make comparisons we try to look at the entire picture and not only the calls for service. --2 � In addition, he felt that it was un£air to compare his business to a bar when he often times will have 600 customers during a 5 hour period which is not the case for a bar. He mentioned that it is not entirely fair to compare the crime rates at US Swim and Fitness to East Moore Lake Swim�and Fitness since US Swim and Fitness is open 24 hours a day while East Moore Lake Swim and Fitness closes at midnight. Although he did offer that US Swim and Fitness does not have many customers after midnight. He told me that he and the other owner have always tried to run a good bu�iness and have taken a number of steps to insure that his business remains one of the best in the area. He•said that for a long time they have not been allowing juveniles under the age of 17 to be in the pool hall after 2230 hrs and those under 18 from being there after midnight. They usually do that by announcing their policy over the loudspeaker at the appropriate times. Then, if they notice anyone in violation of their policy, they ask for identification. In addition, they do not allow loitering. They have introduced a cover charge of $2.00 per person on anyone that enters. If a person then spends any money, the $2.00 can be used for that purpose. If they do notice that someone is there and a table is available but they are not playing pool, they ask them to leave. They also try to have an employee check the parking lot !"� every ten minutes to insure people are not loitering in the_lot. IIsually on a weekend night they have between 5 and 6 employees working, while on a regular night they have between 4 and' S'. ^ employees working. Anyone who enters the business who is visibly intoxicated is asked to leave. Mr. Asproth feel they have been doing good in their attempt to.keep a good cliental because he often hears positive comments from his customers who compare his bus.iness to other pool halls. , . • • His ex�ansion� plans . are to increase the �number of poal tables from �� '• � � 29 to 45 and ta add a kitciien� and a� pro shop. � There are often � times now when there are.�25 groups waiting to play pool. He tfiinks . . the addition of. the kit�hen�'and �he�pro shop w�ll add to �the _quality of his cus-tomers. He�also is looking into the.possibi�.ity of adcling a video system to fielp monitor the parking lot. • Finaliy, he�_said he and his partner have�.�een the�ow�ers of the .� . � pool.hall since it started in 1988. He trie$.to�do things to give .. a g.00d name to �the game of pool including attending trac�e shows� ' �. � and keeping up on changes to the sport. He derives all his livelihood from the pool hall and has no other business interests. ,, � � .,�, s � �"�'\ � - . � - . . ' ( \ � ,� 0 Memo To: Director Sallman From: Deputy Director Lenzmeier Date: December�21, 1993 ' . , . Subjec�: .Cpmparisons of'�Calls Fo� Service, University Billiards �� Area VS Joe Di Maggios � • " � � � � � � � , ----------------------------------------------------------------- To help better understand the number of calls for service that may be generated by the clientele of the University.Billiard Hall a comparison was done between the strip ma�l where University .. Bi�.liards .is located includir�g US � Swim and Fitness and East. Moore Lake Commons�. Ma11 . wiiich� � includes kloore I,�ke Racquet Swim •-.and� Fitness. This comparison does include the calls from Urr3versity Billiards and Joe Di Maggios. Although these two areas have the most similaritie's• of strip malls in Fridiey, there are some differences and they are: . # University Billiards entertains far more e customers each day then Joe Di Maggios. # University Billiards remains open longer each day then Joe Di Maggios. # US Swim and Fitness is a 24 hour operation while Moore Lake Racquet Swim and Fitness closes at midnight. During the time period of 1/1/92 to 12/16/93 there were 422 calls for service at the University Billiards Strip Mall. During that sam� period there were a total of 279 calls for service at East Moore Lake Comitto�"s. The total calls.include medicals, lockouts, alarms, suspicious vehicles, etc. Many of the calls cannot be attributed to the presence of University Billiards or Joe Di Maggios to the respective strip malls. A more specific break down�. �- of call that may be related to the two businesses are as follows on the attached table: � . . .. �.. COMPARISON OF CALLS FOR SERVICE AT IINIVERSITY BILLIARDS STRIP MALL T� EAST MaARE LARE CAMMANS MALL CRIMES iJNIOERSITY EAST MOORE LARE BILLIARDS STRIP COMMONS - ' � � • MALL � � � � � . � ASSAULTS 5 ��• 2 ALCOHOL RELATED � 24 2 OFFENSES � DRUGS ' . 4 � .PROPERTY DAMAGE. . 20 �• �3 THEFT 89 54 ��- � BURGLARY • . 1 7 � I � � �� . : � � - . � MINUTSS FBOkI 1989 ' BEQDEST � � . . . . . . . . .�. � ��, � � � FRIDLEY CITY COIINCIL MEETING OF APRIL 3, 1989 � PAGE 4 Councilman Fitzpatrick stated h elieved the motion took this into consideration. B: CONSIDERATION OF A SPECIAL USE .PERMIT, SP #89-03. T0 �ALLOW THE EXPANSION .OF UNIVERSITY AVENUE BILLIARDS TO INSTALL ADDITIONAL BILLIARD TABLES AND ARCADE GAMES IN A TENANT SPACE�ADJACENT TO THE EXISTING FACILITY ON LOTS� 4, 5. AND 6, BLOCK 1, PACO IN'DUSTRIAL PARK. THE SAME BEING 7178 UNIVERSITY AVENUE N.E.. BY GREG ASPROTH: Ms. Dacy, Planning Coordinator, Qtated this is a request to allow expansion of University Avenue $illiards locate�. in the Rice Greek. .Business Center a� 71�78 U.niversity Avenue. �She stated•University Avenue Billiards currently occupies Bays 4 and 5 and thejr wish to expand �into 8ay 6. She stated University Avenue Billiards is proposing to add 11 pool tables and 5 additional video games. Ms. Dacy stated the Planning Commission recommended approval of this special use permit subject to six stipulations. She stated all of these stipulations mirror the previous approval granted by the Council in 1988. She stated the one addition recommended was that the development owner agree, in writing, to accept Stipulation No. 5 prior to approval by the City Council. Ms. Dacy stated Stipulation No. 5 provides that the development owner shall notify the City of future additions/expansion in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. Ms. Dacy stated a letter has been received from Winfield Development acknowledging Stipulation No. 5. Mr. Burns, City Manager, requested a clarification of the intent of Stipulation No. 6. Iie stated he understands this special use permit would not be reviewed by the Council in August, 1989 or sooner, if 'tfiere are no problems. Mr. Robertson, Community Development Director, stated Mr. Burns' understanding was correct and this stipulation does not provide for a mandatory review. MOTION by Councilman Billings to receive the communication from Winfield Development dated March 29, 1989 in which they agree to comply with the terms of Stipulation No. 5. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared tiie��motion carried unanimously. � ' MOTION by Councilman Billings to grant Special Use Permit, SP #89- 03, with the following stipulations: (1) the petitioner shall sign and enforce curfew for minors; (2) the petitioner shall provide adequate adult staff at all times with at least two adults on staff `� from 6:00 p.m. to closing on Fridays and Saturdays; (3) the - l � ��`` FRIDLEY CYTY COIINCIL MEETING OF APRIL 3�. 1989 PA(3E 5 petitioner shall patrol parking lot and manage its misuse; (4) no alcoholic beverages shall be served or allowed on premises; (5) the development owner shall notify the City of future . additions/expansion. in vacant building .space and shall �ac�ept. ., li�nitations on occupancy �of 'remaining vacant space .s'hnuld 'parking � � shortages result. The development:owner shall agree in writing to accept this,stipulation prior to the..approval�of the special use permit by the�City Council; and (6) the special use permit shall be reviewed by City Council at the first meeting in August, 1989 or sooner if the City determines there is a management problem which requires further restriction's. or .�emoval . - Secohded, by Counci�lwoman Jorgen�om. Upon••a voice vote,:all voting aye,� Mayo�r` � Nee• declare.d the� motion carried unanimousl'y:� � � � .� • � . . � �- Councilman Billings stated it is his understanding that the City has had few, if any, problems at this location and they have proved to be a good neighbor. He felt the concerns about the parking are warranted, but it was a tremendous advantaqe to the owners of this property to have the use of the building during the off-hours. He thanked the owners of University Avenue Billiards for doing such a good job. - � Mayor Nee stated he shares Councilman Billings comments and felt University Avenue Billiards operates a fine establishment. C. BY GREEN MASTERS INDUSTRIES: Ms. Dacy, Planning Coordinator, stated this roperty is located on the south side of 43rd Avenue. She state reen Masters Industries wants to use the building for storage their trucks and a small office and store landscaping mate ials and various types of vegetation outside. She stated. een Masters will improve the parking lot and install four Eve reen trees to meet the screening requirements. Ms. Dacy stated the Pla ' g Commission recommended approval of this special use permi with nine stipulations. She stated the Commission directed s aff to investiqate whether or not a B6-18 concrete curb was �cessary for this type of parking lot. She �� n] r�°^��'' �S �y�P� �.S .j..S 8 ��.L`31 1'1�� standard for str ets and not necessarily a parking lot improvement and a�B6-12 o another alternative is acceptable. She stated the ordi-nance d s not specify the type of curb that needs to be installed nd staff is, therefore, recommending that �tipulation No. 1 be mended to delete the specification of B6-18. She stated it is so recommended that the beginning of Stipulation No. 7 be modi ed by inserting the words "prior to issuance of a certificate of ccupancy", rather than just "prior to occupancy". 0 . . � ' .. . � . . , .• PL1DiNNING__COMMI33ION•MEETING, MARCH 22, 1989 ' MOTION by Ms. Sherel�, seconded by Mr. Barna, to r� Council approval of Special Use Permit, SP #89-02, Section 205.24.04.D of .the Fridley City Code coristruction of a"sing�e family dwelling• i�. cor District on proper�y�located on Lots 13", 14, a� Riverview Heights, the same being 7919 Broad enu followirig stipui'ations: � � :comme to City by ' m Bowe, per o allow the e Flood Fringe id 15, Block� M, e N.E., with the 1. A grading and drainage pl� shall be. submitted an approved prior to any alt ation'of the land and the � issuar�ce of the buildi �ermit. The grading .and . drainage plan sh�ll sp��ifically address the �ffects on surroun�ling �properti . � . � 2. The lowest floor evation must be 8,23.9 feet or higher and the elevat` must be maintained for 15 feet around the structure 3. The unenc sed deck is allowed to encroach no more than 12 f�e� nto'the city easement. 4. Prio to the issuance of the building permit, the pr erty owner shall sign a covenant to be recorded at e County releasing the City from any liability for issuance of this special use permit. QPON VOICE VOTE� ALi,VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE ' MOT N CARRIED IINANIMOII3LY. _�� . Dacy stated this item will go to City Council on April 3. 2. PUBLIC HEARING: CONSIDERATION OF A�PECIAL USE PERMIT SP �8�-03, BY GREG ASPROTH: Per Section 205.07.O1.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same .being 7178 University Avenue N.E. MOTION by Mr. Rondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOI,D DECLARED THE MOTION CAi2RIED IINANIMOII3LY AND THE PIIBLIC BEARING OPEN AT 8:15 P.M. -6- �"\ � (� � (� � PLANNING COMMISSION MEETING, MARCH 22, 1989 Mr. Barg stated University Avenue Billiards was granted a special use permit in 1988, SP �88-02, allowing them to operate a commercial recreational use in the Rice Creek Business Center. The business is ldcated on the northeast cornex� oF this complex. � . Mr. Barg stated that presentiy University Avenue Billiards occupies Bays 4 and�5•totalling 5,186 sq. ft�.�.They are�proposing to expand into Bay 6 which is 2,650 sq.'ft. in area. The.current operation allows �or billiard tables, video games, and a snack bar. The . petitioner is proposing to add 11 billiard tables and 5 video games. . . .. . �. . . • . • • . � - • � • � � Mr. Barg stated when SP��8�8-0� was discussed by the��Planning � CoYamission and City' Council, the two main concerns were the parking problems at the.Ri�e �reek..Business:Center and �the:possibiiit� of misconduct-related. ,prob3.ems.. - � . . � Mr. Barg stated :that as far as the. second conce�n, the Poiice Depa�-tment did not e�pre5s any problems with the business and did not seem to object to ariy expansion. . � Mr. Barg stated that r�garding the parking situation, the cor�cern ^ from staff's point of view is that when the original special.use permit was-approves� in 1988, 12� parking spaces were required to meet the tenants' needs, and the Ric� Creek Business Center provided 166. Since that time, add�tional vacant tenant space has been leased:to both new.and existing tenants, increasing the total number of parking spaces necessary to 142. The proposed expansion to University Avenue Billiards dictates the need for 17 parking spaces. If the special use permit is approved, the�business center would need 159 parking spaces, leaving 7 spaces for use by tenants of the one remaining tenant space. If the tenant space was divided 50/50 between office and warehouse use, that would require exactly 7 spaces. So, the parking requirement would be met; however, it is noted in the stipulations that it is important to keep track of the change in usage in the Center because any change to more office/retail from warehouse could require more parking spaces. Mr. Barg stated, in addition, 20 parking spaces along the north side of the Rice Creek Business Center are shared under an agreement with U.S. Swim & Fitness. These spaces, which allow only after-hours parking for fitness club members, are counted as part of the 166 parking spaces provided by the Center. Mr. Barg stated that with the expansion, 52 spaces would be allotted for University Avenue Billiards. This seems to exceed the number of spaces needed as the University Avenue Billiards business -7- � . ` . � . . � . . � PLANNING COMMISSION MEETING. MARCH 22, 1989 �,.� is heaviest during the evening hours and on weekends when the other businesses are not operating. Mr.. Barg stated sta£f is recommending the Planning Commission_ �recommend approval •of the • spec�al use �permit with the following stipulati�ns: • � �� ` . . . � � T. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adul:t.staff at all . times with at least two adults �n staff from 6:00 p.m. � to .closing�. on Fridays and Saturdays: .. � 3•. •. The petitioner shall .pa�rol parkinc� �lot and manage it's � misuse. . 4. No alcoholic beverages shall be served or allowed on premises. 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. i"'� 6. The speciai use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Mr. Betzold asked how they could assure that the development owner would notify the City of future additions/expansions in vacant building space (stipulation #5). Mr. Barg stated he has spoken to the development owner and they are agreeable to this. Maybe they could require that the development owner sign an agreement stating they are agreeable to this requirement. Mr. Dahlberg stated the parking requirements for Bays�l - 6 totals 72 which is nearly half of the total parking requirement for the entire Center. If that is the total requirement for those six bays on the north end of the building, what is the implication on the , tenants for Bays 7, 8, and 9? Do they have assigned spaces as well? Mr. Barg stated University Avenue Billiards is the only tenant that has specified parking spaces other than U.S. Swim & Fitness. -8- � �. - ,-''1, PLANNING COMMISSION MEETING, MARCH 22, 1989 Ms. Dacy stated half of the 72 spaces are supposedly for University Avenue Billiards, and during the day those spaces are not occupied by University Avenue Billiards. Mr. Barg stated�with'the proposed expansion, 52'of.those 72 spaces�'' are allotted to University Avenue Billiards, but University Avenue � Billiards' peak �ise is later in the day. � Mr. Kondrick stated that by allowing the expansion to University, Avenue Billiards, the development owner is essentially doing so at the�risk of another business requiring more spaces.. ' 1Kr.. Barg stated� that 'i� why staff wants to� monitor . the additior�s/ expansions of vacant tenant space, � Ms. Dacy stated the retail and office uses require special use perinits, so the City can monitor it that way too. Mr. Asprot� stated the�.r business has just gone throu�h ox��..year. They have found that during the day Monday through'Fri.day (Friday being a� little busie�) their business might have 7-3.0 cars at 4:00- 5:00 p.m. " By 6:00-7:00 p.ia., they might have �15-20 cars. He stated University �,venue Billiards is open 11:0�0 a.m. to 2:00 a.m. �"` on weekdays, and 11:00 a.m. to 4:00 a.m. on weekends. Mr. Betzoid asked if University Avenue Billiards would like any additional signage designating certain parking stalls for this business after 6:00 p.m., mainly beca�se of the parking problems U.S. Swim & Fitness has. Mr. Asproth stated�that even during their busiest time in the evening, they have �not had any problem with U.S. Swim & Fitness members. . Mr. Betzold asked if there seems to be a parking problem during the day for other.tenants, because certain spaces are designated for University Avenue Billiards. Mr. Asproth stated there has been no problem. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE � ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. t"� -9- � . . �s; PLANNING COMMISSION MEETING, MARCH 22. 1989 � Mr. Dahlberg stated he is still somewhat concerned about the parking. He wondered if it was appropriate for the Planning Commission to ask the development owner to make sure the other . tenants are satisfied and are not .going to have problems with customers and/or employees .fo'r •par7cing, even during off-business �. � hours. The fact..that th� number �of cars for•University Avenue BiTliards and i�.S.'Swim & Fitness during the off-peak hours could add to a lot of parking along the north and east side. Maybe the � Planning Commission should suggest that the development owner post some signs designating. certain parking spaces in front of the other �. tenants, particularly Bays 7, 8, and 9, so those tenants are � assured of available parking spaces.. Ms. Shcrek 'asked. if other tenants were •notified of this special use �• . permit. Ms. Dac}� stated they were not. The p�blic hearing notices go to the property owners, not to tenants. Mr. Dahlberg asked Mr. A�proth if he had discussed his special use permit application with adjacent tenants. Mr. Dahlberg stated if the landlord communicates well with the other tenants, there probably won't be any problems. He did not � think the Planning Commission should try to impose regulations and requirements that are probably not necessary. He just wanted to express his concer�s about the parking situation. MoTION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend.to City Council approval of Special Use Permit, SP #89-03, by Greg Asproth, per Section 205.07.O1.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block l, Paco Industrial Park, the same being 7178 University Avenue N.E., with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The�petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. -lo- ,^,, ..' � � • • . � � . � PLANNING COMMI�SSION�MEETING: MARCH 22, 1989 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept 1•imitations• o� occupancy of remaining vacant space� .should parking_shortages.result. The� development owner .shail agree in writing to�accept th3s stipulation prior to the approval of the special use permit b� the City Council.. � � . 6. The special use permit�.shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City �determines there is a management problem which requires further restrictions or.rem.oval. , �• . IIPON 3e1. VOICE VOTE, ,ALL VOTING AYE� CBAIRPERSON. BETZOLD �ECLARED THE MOTION CARRIED UNANIMOIISLY. . � Mr. Betzold stated this item will go �to City Council on �pril�. 3. Per Section 205.�7.02.C.11 of therFridley City Co.e to allow exterior storage on part of Lot 6, Auditor's s division No. ,.� 39, the same being 92 - 43rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr.. Dal reading of the public hearing notice and to g,p at 8:45 p.m. / UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED IINANIMOUSLY. erg, to �waive the the public hearing BETZOLD DECLARED TIiE ..,r. = Ms. Dacy stated this property i ocated south.of and adjacent to 43rd Avenue, just west of the intersection of Main Street. The property totals .83 acres. e site is currently zoned M-1, light industrial, and is bounded y light and heavy industri�l districts on all sides. A portion o the southeast of the property is zoned R-1, residential, accor ng to the City zoning map, but the parcel is owned by the raily d company and is vacant at this time. Ms. Dacy stated existing building on the site is used by Ajax Tool & Die. The are currently operating an outdoor storage area, but the busi ss was started prior to any special use permit requirements or exterior storage. Ms. Dacy tated Green Masters Industries wants to locate in the buildi and use the outside area around the building for storage of t ir landscaping materials and various types of vegetation. �` � —11— MI1qOTES FBOM 1988 gEQIIEST y : �' - �_. + K. /'� � I ' � 4. FRIDLEY CITY QO�INCI�, c�TIl�I� OF JULY 25, 1988 �' .� outcl�oar power implenents such as lawn mawers, hedge� clippers, e�c., the typical type of things a lxx�ieowner might use. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE Al��NDED MOTION, Counc'lman Schn�ider, Cbuncilvsoman Jorgenson and Co�cilman Fitzpatrick voted ' favor of the motion. Mayor Nee and Councilman Billings voted agaist th motion. l�yor Nee cleclared� the motion carried .by a 3 to 2 vote. �' iTPON A VOIC� Vo►1'E T� �� N�;,IN 1�T'ION, �al l. voted •�ye, nd Mayor Nee declared the motion c�'ried unanimously. . . . Cbuncilman Billings.asked that staff send a letter to ds indicating the variaruces and special u"se permit have been apprwed an to make sure it is pointed out what a review can or cannot accomplis . He felt Menards is under the impression a review would give the Oounc' an opportunity.to add new �tipulations at the time of the review: . . ORDINANCE N0. 914 APPROVING THE AMENDMENT SECTION 5. 09 ( INITIATION OF C�RTER AN�IDl�pd MD'I'ION by Councilman Schneider to wai: 914 on the second reading and order p Jorgenson. Upon a voice vote, all }�6 carried una�itnously. / 5. CJONSIDIIZATION OF Al /"� Q�IJNCIL MINUTES TO ; IN BLACK 5, HYDE PA EA�!'ERLY ArID SOITI'�i i EAST OF AI�ID AU70IlVI BEIWEII�1 61 ST AVENUE AVENLTE, BY WAYI� JO � 3E FRIDLEY CITY CHAR7 �Ehe reading and ao�pt Ordinance No. ication. Seconded by Councilwoman g aye, Mayor Nee declared the motion ING T TITLE IN THE MAY 2 AND MAY 16 : V TION SAV #87-07, TO VACATE THE 12 L NORTH OF THE SOUTH LINE OF LOT 2 'NORTH LINE OF I,C77I S 22-30, BLOCK 5 )TH AVIIV[JE AI�ID BEI O EXTII�IDID F.A.STF:RT y � HYDE PARK, GENERALLY LOCATED �EN 3RD STREET ANQ UNIVERSITY .9 88 CITY ?OT ALr,F'�' EXTENDED ALL LYIl�TG Mr. Hill, Acting 'ty N�nager, stated the captions in the minutes of May 2 and M�y 16, 1 8, are to be changed to reflect the entire alley being vacated rath than just the westerly one-half. MYI'ION by uncilman Bil l ings to amerx3 the ti tl es .or capt i ons i n the May 2 and May 6, 1988, minutes to reflect the vacation of the entire alley rather tt�n j t the westerly or�half. Seconded by Councilman Schneider. Upon a voi vote, all voting aye, Mayor Nee declared the motion carried ly. 6. REVI�n1 OF A SP'ECIAL USE P�T, SP #88-02, TO ALLOW A BILLIARD, AN ARCADE AI�ID A SI�QC BAR, ON LO►I'S 4, 5 Al�ID 6, BL�OCx 1, PA� II�)USIRIAL PARK, Tf� SAME BEING 7178 UNIVERSITY AVE�VtTE N.E.. BY CREG ASPROTH (TABLID 7/11/88): Mr. Robertson, Cammunity Developqnent . Director, stated this special use pernnit was to be reviewed by the Council on June 20, 1988 and staff has found the petitior�r is in oanpliarice with all the stipulations. He stated the petitioner, Mr. Asproth, is requesting a change in some of the stipulations which he has �tlined in a letter to the City c3ated July 1, -8- � FRIDLEY CZTY QXJNCII, 1►�PING OF JULY 25, 1988 � � •:: Mr. Asproth, the petitioner, stated he would like to add more video games as he has the space at his establisiIInent. He stated at this time he is limited to three video ga�nes. . Mr.. Asproth.stated he`is also requesting �that� th:e.stipulation to liinit . seating to 20 seats in the lounge area be eliminated. He stated he wished to add a larg+e. scr�en ��levision for viewing sporting events.� He stated the maxi_mtan rnanber of seats they could acca�nodate would be 50 to 60. Mr. Hill, Acting City�Manager; asked if a large screen television was installed, would they intend to seek sane ty,pe of�liquor license. Nir. Asproth stated he has r� intentions of adding 7.iquor. He �stated it is stipulated in his lease there would be no alcohol in the�buildirig. Mr. Asproth stated in regard to the Y�urs aF aperation, people are working second and third shif t jobs in the area a�d they patronize other establisY�¢nents because their business is closed. He stated he would like to be unlimited as far as their lmurs and stay open 24 hours, if they have the business. He felt the reason the Council did not approve this when the special use permit was issued was because there may be pr�lens. He stated Y� wouldn't deny samething may ha.ppen, but not any more so than ariy other business establisiIInent. He sta.ted his business has not been a"hang-out" far kids. Mr. Asproth stated they run a"tight ship" and police their ^ parking lot to keep a mi.nimtan risk for everyone. He felt the extended haurs would help their business. Mayor Nee asked if the Y�urs of operation could be loosened on a contingent basis. Mr. Herrick, City Attorney, sta.ted this wuld be done as long as the period of time was indicated.and, at that time, would be reviewed to detezmine if there are excessive probl ans. Mr. Asproth stated he would like to run a league and the Council was concern,ed with the parking if leagues ar tournan�ents were nm during regular weekday business hours. He stated the leagues would create more business, havever, he probably would ,�ot nm ariy tour�aments. H� felt with a league, there would not be more than 10 or 15 cars. Ni�TION by Councilman Billings to amend the stipulations for special use gezmit, SP #88-02 by eliminating Stipulations No. 1, 2,.3 and 8 and amending Stipulation No. 11 to rea.d as follaas: S�ecial use permit � to be reviewed. by Cbuncil at the secorjd meeting in June, 1989 or sooner if the City deternunes there is a management problem which requires further restrictions or renwal. Seconded by Councilman Fitzpatrick. Mr. Hill stated the petiti�er has fulfilled all the obligations as far as the Pt�lice Depari�nent is concerned. He stated if ther.e is a loosening of the restrictions and there is a problem, he would like the avenues to remain � open for review. ^ "� n . .-� �' - . •./'"'' . � r�z�� cim�. cxxm�ca, e�rn�c oF Jvt.Y 2s, �8s � . . � . � . . Councilman Billings felt Stipulation No. 11 provides for this review. UPON A VOI(� Vo►1'E T�1 Cfl�i � ABOVE NDTION, all voted aye, and Nlayor Nee declared the motion carried iu�animously. NEW BUSIl�',SS: . �7: • Q�NS�DERATION O�' RECEIVIl�TG AI�ID AWARDIlQG BIDS. F�OR C�?N�'UI'ER AI�ID SER�iICES: � � : Mr. Hill, Acting City Ni3nager, stated due to sane new cleyelognents, requesting this iten be tabled. � is : NDTION by Council�n Schneider � to table this iteqn. Seconded �y imcilwa�an '. Jorgenson. Upon a voice vote, all votir�g aye, � Mayor Nee decl ed the inot�on , � �carried unanimausly. � • � . � . • • . /"`, 8. N0. 57-1988 A � ON AUDIZ�OR' S DIREC`rING THE S �8. PARt�IS 200. : B: � OF SPECTAT, 0, 2000 AND 1500 Nir. Pri.byl, Finance Directar, stated this it�n before the Council on July 20, 1987, and involves the property of the. plat of Shor�aood Plaza, P.S. #87-06. He stated the divisions and repl 'ng have been recorded at Anoka County and this resolution will com y with legal requirements regarding the splitting of special asses s on these properties. NDTION by Councilman Schneicler to adopt solution No: 57-1988. Secor�ed by Councilwaman Jorgenson. Upon a voi vote, all voting aye, Mayor Nee declared. the motion carried unanimous . 9. RESOLUTION NO. 58-1988 TO aORREGT : ON PIN NU. 25-30-24-42-0012, ATID �s_Zn_�n_��_nm� �nv muc� c�m,.,r, r� 10. OF AI�ID TO R�SCIIVD WEED �tTIFY THIS WEED CH 1988 TAX STATII�Tr: RGE C�EtTIFIID ON PIN NO. NDTION by Councilman Bill' to ad+�pt Resolution No. 58-1988. Seconded by Councilman Schneider. Upo a voi� vote, all voting aye, Mayor l�ieee declared the motion carried ly. NO. 59-19 ASSESSMENTS 13-30-24-33- NDTION by Co Councilwcana declared the U�iORIZIIQG AND DIRECTING Tf� Q�MBINATION OF SPECIAL 2ND ADDITION, LOTS 3 AND 4, BIACK 1, (PIN NOS. 24-33-0006 , A1�ID 13-30-24-33-0007 ) : . ,� man Schneider to adopt Resolution No. 59-1988. Secor�led by orgenson. Upon a voice vote, all voting aye, Mayor Nee �ion carried unianimously. 11. RE90LUTI NO. 60-1988 APPROVING AND AUTHORIZING SZGNING THE AGREEMENT ESTABL WORKING 0�1��ITIONS, 4�iGES AND HWRS OF ENIPLOYEES OF Tf� QTY OF F12ID FIRE DEPARTN.� FOR � YEAR 1988: �^� I� Aldrich, Fire Chief, sta.ted thi:s is the Firefighters Labor Agreenent for -10- .' 4. •. : . , ' �� - • ' . .. .�� . . FRIDLEi� �ITY dDOtJCIL �'�'T� �OF F�( 22. 7988 � . . � ' . Zhe petitioner, Ms. LinB, was Fzesent at the meeting and was with tliese stipulations. ' � agre�nent ^ 1�DTIDN by Cb�mcilman Schr�eic3er to extend the � to reo�rd Lot Spl it, L. S. #86-06, with the follaaing stipulatio (1) new structure to meet City Cbde for fro� yard setback av � ,. 61 feet plus or minus 6 feet; (2) fenae and shed to be relaated � to . reoording; (3) park f ee �af .$750 reqari �ed' with building permit• (4) lot split to be rev�rded at fhe ��ity within th�ee. moritY►s y 22�, 1988. Sea�nded b� �u�cilman� Fitzpatrick. •.IIpon a voioe� �all voting aye, .Mayor� Nee� decl�xed the motibn carried �� •� � • • • � �. • � � � ; : : � • ' --- � •o � i� �• M� � � i� . ��«� • •� i� `1M; , ••� .,. � � 1�� ' � ��1�� . � �. �� Mr. Imbertson, Community Develognent Director, stated this special use permit is to allaa a billiard hall and arcade with a snack bar in the Rice CYeek B�irress C�nter located east of (bmmeroe C�rcle East and south of 73rd Avenue. Ae stated this request is made possible by a recent orc7inanoe d�ange making it allawable to have mnenercial uses in industrial zones. He statecl the Riae Creek Busir�ess aenter was a multi-t�enarit building a�nsisting of a large nunber of different offiae, ar>mmercial and quasi-oommerical �ses. Mr, lmbertson stated the hilliard hall and arcade would be located in the extrene rnrtheast oorr�er o� the building. Ae sutxni.tted a c7rawing of this proposed hilliard hall, arcede, and snack l�ar. Mr. Robertson stated there were basically two wncerns, one being the "� parking and the other was possi.ble misoonduct by jweniles and adults at such a aenter. Ae stated the City has a develognent agreenent with the aar�er of the building where they would work out the parking as space is leasec3. Ae stated 35 additional parking spaces will be provided for this busir�ess bringing the tot�l to 125 required parking spaces to date. Ae stated there are Fxesently 166 stalls provided, leaving a balance of 41 parking sFeaes. P�. Imbertson Departmerit. as the one in psoblens. statecl the cAnoern about miswnduct was raised by the Pol ice �e stated it was fo�d billiard halls oan be well manag+ed such �on Rapids, GR Billiards, which has not experienced ariy Gb�cilman Billings stated at the Planni.ng Commission meeting, he briefly discvssed with the owner, Mr. Asproth, his plans for this business. He stated the petitior�er is cping irito this busir�ess with the best intentions to mak� it attractive and not bea�me a nuisanoe or Ixoblen for the Ci.ty. He statec7 orie area where the petitioner haci a probl�n was the stipulation to pravic3e t�wo aai�lts on staff c�,iring evening hours from 6 p.m to closing. -5- ,� i'^, ` ,';s . • ' . . ... � • t. . . •. � ' ' ' .. :. •.' �'�. . :'• . . • • . • :: • • M. . � � • . � • FRIDTaEX CITY ��DNCIL MEE`rING OF F�ID�R7C 22:. 1988 . . . • . • . • . . : !".� . . . Mr. Greg Asproth, the petitiorier, stated the problen he has with providing two adults c3uring evening hours is he is just starting a new business and dic�' t lazow haw many persons would patronize his estahl ist�nent. He f el t if the need arises, he would surely pravide two aceilts. � . �� .�b�ncilman Billings �sked Mr. A�prtith if �it was his intention to _hade at �, . . � least one adult Fxesent at all� times. � � .' ', � � �' Mr�. Asp�oth stated'�either he or his wife would be there when the business is operi. Ae felt �ursday, Fric�y and Saturc�y nights would be the busiest. Mr. Asproth stated they hoped to attract people from the 0. S: 9wim and Fitx�ess�0enter, as we11 as softball players after their games. He stateci the lo�aige mntains a seating �rea witt� tables and chairs and snack bar and . they would.sell such.it�ems as p�poorn, hot• d4gs,� beverages, eta � Co�mcilman Billings stated he understands the reason for liiniting the seating is to prevent any loitering. He stated Mr. Asprtoh, as he �nc7erstands, clicln't plan to open this business until April and staff is requesting this special �e permit be reviewed in Jme. Ae felt at the time of review, if all is prooeeding well, the stipulation limiting seating �uld be r�-eval�sted. Mr. Asproth stated he glanned to have three tables with eic�t chairs ead� anc] the Planning Commission rewmmended the seating be restricted to 20. � �uncilman Billings stated he felt the peak hours of operation of the billiards is o�mplimentary to the hours the other businesess in this building operate. Ae stated he clic�'t feel this petitioner should be per�alized bii what is happening with the parking for the adjaaent building. He stated the Farking isi't ac�u�te for 0. S. �aim and Fitness and they are oonstaritly acivertising for new menbers. ��ncilman Billings stated he would be p�epared to grant this special use permit with a change in stipulation No. 6 that the business will provide ac3equate adult staff at all times with at least two adults on staff from 6 p. m to closing on Fridays and Saturchys. Q�+aicilman Sc�neider stated all Fa�rking spaoes are filled at 0. S. 9wim and Fitness and asked if staff was oonfident the parking situation can be managed. He felt with this busir�ess, it would prol�ably add to the parking problen. ' . N�. Robertson stated it is his understanding when the parking was , �nsidered, the most intensive use was aritidFated in the evening hours when other busiresses in the buildi.ng are mt open. He stated the awner of the building acla�owledges this may be in error and is the reason for reviewing this permit in Jtaie. ��cilman Schr�eider stated if II. S. 9wim and Fitness ass�anes they can use parking which is allocated for this busiryess, there o�uld be a real problen. Mr. imbertson stated 0. S. 9wim and Fitness can only use one row of the ��, busir�ess oenter parking af t�er 5 p. m. -6- � . �, �. � �� _� �� i��.�1_ yl.��. • ' ;�: ;1i�. '� � . .. � Mr. As�xoth stated he has visited other billiard establishments and there were 25 to 35 cars util3zing the parking area. Ae stated he felt if they get the same nunbers, there is plenty of parking for his business, as well as U. S. �aim and FYtness. �� .. •�Ms.� Sareh �der, Leasing Agent for .Rioe CYeek Bt�siress Oenter, stated only • :� a� few of these busir�esses are • open several nights a week an�l on�weekends. She stated �even if U. S. 9a3m �a Fitre�. u�a so to ioo staiis, that would � leave apfxoximaely 60 stalls for this operation. She stated it. isn't that � � far to walk fran one end of the building to. the other: Ms. Aarder statecl most of Mr. .Asp�oth's business would be� in the evening� hours when the other. tenants � are closed. � � Mr. Herrick, CYty Attorn�y,� stated Mr. A��oth's lease should probably plaoe the responsibil ity on the daner to pravide aaeq�uate parking. _ Mayor Nee stated if people would park in the p�oper plaoes, there wouldn't be any problen as Fsrlcing is adequate. 14DTIDN tr� 4�mdlman Bill.ings to grant special use permit, SP #88-02, to allow a billiard, an arcade and snack bar at 7178 Dniversity Avenue, with the follawing stipulations: (1) arcade will be limited to three games; (2) limit seating to 20 seats in lotmge area; (3) busirrss to close at 1:00 a.m. exeept on Thurschy, Frichy and Saturchy when 2:00 a.m would be allowed; (4) security lic�ts for entire �king lot (app�oved by staff) to be installed prior to opening; (5) business will sic,� and enforae aufew for minors; (6) busir�ess will �ovic7e ane adult on staff during the day and at least two ac�ilts on staff during evening hours f ran 6:00 p. m. to closing; (7) busiress operators to Fetrol parking lat and manage its misuse; (8) tournament anc�/or league Flay will rnt be pc�ogratmied diring regular weekday business hours; (9) no almhol ic beverages will be served or allowed on premises; (10) c7evelopnent awner will acaept limitations on occupanc,y of remaining vacant sFave should parking shortages result; and (11) special use permit to be reviewed by ��mcil on Jw1e 20, 1988 or s�orier if City c7etermir�es there is a manage�nent problen which requi.res further restrictions or r�naval. Seoonded by Q»cilman Fitzpatrick. N1�TION by Councilman Bi.11ings to amend the abone motion by changing stipulation No. 6--as follaws: (6) business will provide aclequate adult staff at all times with at least two ac7ults on staff from 6:00 p.m. to closi.ng on Fridays and Saturc�ys. Sea�nded by Cb�cilman Fitzpatrick. TJp�n a voioe vote, all voting aye, Mayor Nee cleclared the motion carried unanimot�ly. U1�N A VOI� VO►IE TAF�N �T �iE N�,IN NDTION, all voted aye, and Mayor Nee declared the �motion carried �usanimously. � �^� � �--., /"', � • � '. �. , • . . : -� ' .�� CITY O�� 'F'RIDLEY �- .� � � > ('AT T, _ TO OFtDER- Chairperson Betzold called the.February 10 1988, Planning Commission meeting to orc'�er : at 7: 32 g. m . � � • . � � _� . : . RC)LL CAL�,: � � . Mesnbers Present: Donald Betzold,�Dav' Rondriek,�Dean�Saba, .. • . . Alex Barna, Maynar ielsen (fof Mr. � 9varida ), . . . . S�,ie Sherek (arr. ; 00 p. m. ) Members Abserit :. � •_ No�ne . . � � . . . Others Preserit: Jim Robinso , Plar�ning Coorc]inator . �' ' Jock Robe son, C�mumity Develapme.nt Direc.tor Steve B' ings, City Co�mcil Greg & ancy Asproth, 12748 Nbnroe S� N. E. Sar arder, 2822 Leyland Trail, Woodbury Tan Marge BricJmer 6230 Highway 65 Briclaier, 1233 - 12th Ave. N. W. , New Brighton �].liam & Ann Costello, 1623 Garclena Ave. N. E. Janes Tiller, representing Mr. & Mrs. �stello Roger Ettel, 1641 Garc�ena Ave. N. E. C�arles C�npbell, representing Mr. Ettel ( See attached 1 ist ) Mr. Konclrick, seaonded by Mr. Barna, to approve the January 27, 1988 Planning Com¢riission minutes as written. A VOI(E VOl'E, ALL VOrING A�, Q�AIRPER.SC�I BETZCLD DECZARID THE MOTION D UI�NIl�I7IJSLY. 1. PUBLIC HEARING: dOI�IDERATION OF A SPECIAL USE PEI�IIT. SP #88-02. BY GREG �� Per Section 205.17.01. G 4 of the Fridley City �de to allow a bill iard and an arcade; per Section 205.17.01.C.3 of the Fric7ley City Code to allow a sa�ack bar, all o� Lat 4, 5, and 6, Block 1, Pav� Indust r i al Par k, the same being 7178 University Avenue N. E. �Q�1 by Mr. Ronolrick, seaonded by Mr. Nielsen, to waive the reac]ing of the pu4].ic hearing notioe and to open the public hearing. UPON A VOICE VUI'E, ALL VOrING AYE, Q�AIRPER.SCN BFTZf]LD DECLARID THE MOTION f�RRIED UI�►N7M)fJSLY, AI�ID THE PUBLIC HF�RI1vG �ENE� AT 7: 35 P. M. Mr. Robinson stated this special use permit was to allaw a billiard hall and arcade with a snack bar in the Rive Creek Business Center. This proposal was made possi4le by a reoent ordinance rhange appravec7 by the City Council -1- � : �� . !!ui�� • � ��+� �. ��c+;?��: ;� � in December 1987, publ ished in January, and whi ch took ef f ect a coupl e of weeks ago. Ti�e ordinanoe chang� made it allawakil.e to have commercial uses including restaurams and recreational-type uses in industrial zones. This is the�first request to be prooessed �der the revised ordirnanoe. Mr. Robinson statec3• the Riae Creek B�iness C�nter� �was located just east of �Comneroe' Ci�c1e East and ��south• of' 73rd Avenue. � Z�ie pzoper�y was zoned light industrial located just soutYi of the U. � S. 9wim & Fitness facility which is a o�imnerc,ial zone and was surro�mded on the• west by other light industrial- type builclings. The Rioe Creek Btsirvess Center was a multi-tenant building cohsisting of a large number .of different office., commercial, and quasi-commercial uses. _ � � � � � Mr. Robinson sEated the billiard hall and arcade would be located in the- e��ene ��'rtheast voxner of ttie � building. �e two suites oombiried was 5,186 sq. ft. of floor area. The petitianers have -submitted a site �an for the develognerit which included the potemial for 16 p�l tab�.es. Alsa included was an arcade area. Ziieir request was for five video games. In addition, there was a snall snack bar area adjaoerit to the seating area where they are proposing to have eight tables, four chairs each, for a tatal of 32 seats. Mr. Robinson stated staff has had a mnnber of concerns relating to this request, ar�ci s�ne of these a�noerns have been resolved. Mr. Robinson stated that because it was a multi-tenant building with a ornnbination of offioe and ooa�aercial uses,. the parking situation changes on a regular basis with tenant changes. The builcling does have a gr�t deal of o�manercial tenancy. The billiard hall by itself would require 35 stalls with the majority being �onsidered as o��nercial space. That would bring the total parking requirenent to 125 stalls. There are 166 stalls preseritly at the facility so this wpuld leave a balanoe of 41 stalls. Mr. Robinson stated the i�uilding was inder a lease/share agree4nent with U. S. 9wim & Fitness for parking on the most northerly row of parking after 5: 00 p. m and on weekencls. Mr. Robinson stated he has worked out a plan with the building Leasing Agent, Ms. Sarah Harder, who was at the meeting. With the bill iard hall addition, there would be 34 additional commercial spaces and one office spaoe for a total of 35 spaoes, bringing the total requir�nent for leased spave to 125 sp�aoes. T4�e progra�ning for the rer�aining vacant �pace would be for affice and warehouse and no ao�anercial for the rest of the building which would bring the parking to a total of 166 spaces. There was a stipul.ation that ac�3ressed the parking situation. Mr. Robinson stated the sevond major concern was raised by the Pol ice Dep�rtment dealing with the possibility of misconduct by jweniles and adults. Based on past experienoe in the city and other cities, there was the concern that the plaoe would be used for loitering of jweniles which �uld lead to c7rinking in the parking lot. This has been experienced by past billiard halls in the City of FricIley. Aawever, there were also good examples aroimd the area o� billiard halls that are well managed and where -2- � ,�"� � � I 4 � � � : �� \. ��.V�V �� tA V�� , �%�!�1 �i �� • • - there are none of these problens. An example was CR Billiards in Coon Rapids. Mr. Rnbinson stated staff was rearnmnending the following stipulations which Yiad been put together by both the Coa�ninity Develognent Department and the Pbl ioe Depart�ne.nt : ' • . . . � � . • . • . • . _ " . . � 1.. Arcade will be limited to three games. � • ' (Mr. � Robinson stated the reason for this stipulation was that an additioral. arcade feature would be an attractive nuisanoe in terms of catering more to the juvenile crawd which, they believe, o�u18 cause some problens.) � . 2. Limit seating to 20 seats in 1'otmge area. ' � (Mr. Robinson stated this also� would help prevent the possibi,l ity of loitering. ) 3. Business to close at 1: 00 a. m except on Thursday, Fric7ay, and Saturday when 2: 00 a m would be allavec7. 4. Security lights for entire parking lot (approvecl by staff) to be installed prior to opening. 5. Business will si� and enforoe curfew for minors. 6. B�.sir�ess will prwide two adults on staff during evening hours from 6: 00 p. m. to closing. 7. B�iness operators to patrol parking lat and manage its misuse. 8. Tourname.nt and/or leac,�e play will not be program�m►ec3 during regular weekday busi�ess hours. 9. No alooholic beverages will be served or allowed on prenises. � �,�, 10. Develognent a�er will acoe�t limitations on occupancy of renaining vacant spaoe should parking shortages resul� Il. S�ecial �use permit to be reviewed by Cotmcil on Juaie 20, 1988, or soo�er if City cletermir�es there is a manac�nent prohlen which requires further restrictions or raaaval. Mr. Betzold stated that right now U. S. S�aim & Fitness does use that n�rthern row of parking area. Would the parking situation be even tighter �nw with this billiard hall operation� Mr. Robinson stated that was one of staff's o�ncerns also. However U. S. Swim & Fitness is only allowed to use that parking after hours and on weekends. The petitiorrer anticipates that the lion's share of the business for the billiard hall will be in th evening hours, s� it would not seem to werlap with the other builaling's busir�ess needs for parking spaces. Most of the businesses close by 6: 00 p. m. -3- �.. ; �41 �, !�.��1 .i �� vI�1�M �. ��•.';. : ;� 1 � Mr. Parna stated he questioned stipulation #6: "Bt�sirress wi11 provide two adults on staff during evening hours f ran 6: 00 p. m to closing. " What about acZu].t supervisi� during the day? Mr. Fobinson stated the main a�noern was that during the after-sci�ool hours and evenings, �here would be adequate supervisipn if problens should arise. Mr. Barna .citecl the e.xamgle of� the aorr�er grooery store that has'an arcade located in it and that hires teenagers who are out of school . to �tork. Saaetiines thi.ngs c�n get out af hand without an adult present. He stated he felt there should be one adult in the billiard hall at all times, especially during the s�nanertime, on vacation days, holidays, etc. Mr. Saba asked why the hours had been extended to 2:�00 a. m on weekends; i n�ead of 1: 00 as previously reoom�iended by staff: ' �_� Mr. Robinson stated the petitioner feels that in order to make the business financially feasible, he neecis the extra hour of operation. He will be catering not only to people who �se U. S. 9wim & Fitness, but also to sewnd shift workers who mi.c�t want to play�ool after work. _ :_,..:._ Mr. Fobinsbn �sEate�` there is a billiard hall iri Coon Rapids located in the shopping oenter across Hic�way 47 fran Northtaan called C. R B�l.liards. He stated a permit was recently granted by the Coon Rapids City Council to allaw then to operate tmtil 2:00 a m Because the }�usiness has been handled in such a good manner, the o�wr�er has more reoently been granted permission to operate tuitil 4: 00 a m. Mr. R�binson stated staff feels that as along as there is the power to review the special use pe�nit, if there are any problems, the City has enouc� insurance to manag�e the situation. Because this billiard hall is in a district apart from residential, staff feels the chances for causing problens to the neic�bors were minimized; and if there are any probl�ns relating to any criminal activity, the City will vertainly ]mow about it and can take the appropriate action at that time. �e petitioner was aware that if the business was not managed properly, he will lose his germit. Mr. Barna stated that if the billiard hall was located in a bowling alley or an area where it was zoned properly, would there be any restrictions on hours? Mr. Robinson stated he did not believe there were any restrictions on hours in the proper zoni.ng. Mr. Greg Asproth stated stated a lat of the Planning Commission's questions and oonoerns se�n to be regarding the hours of operation and any proble�ns that wuld cause. He had checked with the Coon Rapids Pol ice Department, the Fridley Fire Department, and the Spring Lake Park Polive Depariine.nt. He has fot�d that the Spring Lake Park Polioe Department has had no problems with a billiara hall called DOTS, and it is open imtil 2: 00 a. m. C. R Billiards in Coon Rapicts has been grantec] permission to be open until 4:00 a. m because of its good reoord. He stated that everyone he has tal ked to -4- �� . •- . . . . � � �"�, : ,�� . !�.�i� �,� �� , :��+�'.� .: ;+ � . �_ � . " .. � .. '. . � � . has said that manageme.nt is the most important thing. If they have good management and r�n a clean operatian, . they can avoid those kinds of prohlens and keep people out who mi�t cause problens. Ae statecl their goal is to r�n a clean operaton �ey want to sic� a long lease, so it was in their best interest to manage the business well. . . � . Mr. Betzold �asked Mr: Asproth if he had any� problens with the � stipulations ' as outlined by staff. ' � Mr. �prath referred to stipulation #6 regarding two adults on staff during the evening hours fran 6: 00 p. m, to closing. Ae stated that during the beginning of the week, Pbnday�'uesday-Wednesday, there is not nearly the n�iber of pe.ople as there is on the weekends. Acco.rdirig to their plan, the arcade area, will 'be close to the desk so �hey �can keep an eye� •on 'it: They also have �a two--way mirror so when they are in � the off ioe�, they can also see what is. going on in the arcade area. During the early part of the week, they do mt need two people on staff at all times. Aowever, they .do warit two adults on staff on the weekends. Mr. Asprath stated he would agree to always having one aclult on staff. He felt one achil.t was needed for every 25 people; but if there are more people than that, they wtiuld need ariother adul� At noon ancl during the s�manertime when there is not much business, there was not much sen.� in having too many peogle on staff. Mr. Asprath referred to stipulation #1 regarding the arcade being limited to three games. � stated he as lear�d fran other billiard hall operations that there is usually a waiting li.st for tables; and in order to get people to stay and wait for a pool table, they need something for them to do. He believed that by having video ga�nes, that would keep people arounc] until `�'`' tahles opened up. Mr. l�proth stated that regarding parking, they have checked with other billiard halls to find out how other businesses are doing. At C. R Bill iards, they observed that an a Fric�y nic�t at 9: 00 p. m. , there were 25 cars, so he did not ariticipate a big garking problezn because his business would be snaller than C. R Billiards. MQ�LQ�T by Mr. Saba, seoonded by Mr. Barna, to close the �blic hearing. UPON A VOICE VOI.'E, ALL VOrING AYE, Q�A7RPERSCN BETZQ�D DEQ,ARED. THE PUBLIC HEARING Q�06ID AT 8: 00 P. M. (Ms. Sherek arrived at 8: 00 p. m. ) Mr. Kondrick asked the reason for the limitation to three games in the arcade area. Mr. Imbinson statecl that in the letter written by the petitioner (page I-H of the agenda), Mr. & Mrs. Asproth expressed their desire to have a top � notrh bi11 iarc] hall where there would be tournaments and 1 eague pl ay. Mr. Robinson stated that s�lma�ed great, but staff was wnoerned that the arcade � � ' : �i�� . !�.vw� �,� ��+�i �. �+�:�;��: ;+ � �, . �, � , � � and the large seating area (also part of the proposal) would be an attractive place for juveniles to come and loiter, and there could be prokil.ens associated with tha� �fie petitioner peroeived the ai'cade games as being availaYale for people who are waiting to play pool. Staff would like to limit the arcade to three c�ames. Originally, staff had recommended no � games at .all.. . . . � . � : - . . . Mr. Robinson stated that when the .special �e peYmit is reviewed; they can ' look at this agdin, along with the ho,urs of o�eration. •• � '� Mr. Betzold stated that rec�rding the wnoern of having two adults on staff in•the .evening hours during_the early par� of the week, if the��Police Department was aonvern�ed about this, they o�uld. �express that opinion to the • . City . Co�ci1. . � � � . - - - • � , . Mr. Barr� stated he wondered why they were thinking there were going to be a lot af juveniles in this bi.11iard hall. �It will draw people froan U. S. S�aim & Fitness, and in the s�mnaer it will draw people from the stmm�er softball leagues at the C�an�ity Park. Most af these people are going to be adu].ts. He did not think there was going to be that much trouble with juve�nil.es as it was far fran the residential areas and not as aooessible to juveni.].es. He statecl maybe they are overc3oing the trial period. Why don't they be more loose with the restrictions mw regarding the ni�nber of arcade ga�nes, staf f ing, etc. , and then when they rev iew the spe ci al use perm it on � Juie 20, they can look at these things and see hav it is going. ^ Mr. Robinson stated staff was oerta.inly hoping there would not be those problens; hawever, they do not feel they should allow the permit to go without these restrictions. All these stipulations were gone over carefully by both the' Commtnity Developaent Departinent and the Fblive Dep�rtinent. Mr. Betzold stated he felt they have to be cautious in the beginning. They do not want to allaw so many things that they are hard to take back after the trial period. Mr. Saba sugaested they have more than one review date, such as one year fran riow in addition to the Jime 20 date. Things clo change with seasons, and four months might not be enough time to really see,bow tlze business is doing. Mr. Robinson stated that, originally, they had a six month review, but the petitioner wanted time to aome lx�ck for more arcade games or more seating . and perhaps additianal. hours. So, they decided to go with an earlier review date. �e Co�miission vould add another review date on June 20 when this special use permit is reviewed for the f irst time. M��Q�1 by Mr. Rondrick, sev�nded by Mr. Barna, to reoomnend to City Council appraval of S�ecial Use Permit, SP #88-02, by Greg Asproth, per Section 205.17.O1.C.4 of the FSridley City Code to allow a billiard and an arcade; per Section 205.17.O1.G 3 of the Fridley City Code to allaw. a snack bar, all on Lot 4, 5, and 6, Block 1, Pavo Industrial Park, the same being 7178 �--� University Avenue N. E, with the follawing stipulations: � � . a ' c f ��, �� 2. 3. � 0 �_� : �i�� , �� „i„1 • � vi�+� �. ��:�;1��: �+ � � 1. Arcade will be limited to three games. 2. Limit seating to 20 seats in lotmge area. 3. Business to close at 1:00 a m, except on Thursday, Friday, and Saturday.when 2:00 will be allawed. 4. Security li�ts for eztire parki.ng lot (appra�yed �by staff T to b� iristalled prior to apeni.ng. � � 5. �&asir�ess wil� sigi and� enforoe� curf�ew for �nuwrs. .. 6. Busir�ess will pr�vide one ac7ult. on �staff at all � • times when the busir�ess is open. � 7. Business operators to patrol parking lot and:manage its misuse. . 8. Tournament and/or league play will rnt be prograaQmm►ed � during regular weekday business hoiars. � 9. . No alaiholic beverages w�.l be served �or allawed � on prenises. � � • � � 10. Developnent o�wrier will acoept limitations on occupancy of renaining vacant spaoe should parking shortages resul� 11. S�ecial use permit to be reviewed by �tmcil o� J�e 20, 1988, or soo�r if City determiryes there is a managesnent problen which requires further restrictions or renwal. � UPON A VOICE VOI'E, .ALL VUPING AYE, CHAIItPERSCN BII`ZQ,D DEQ,ARID THE AYJTION (�RRIED UI��INIM)IJSLY. P(JBLTC j�ART�; ap�IDERATION OF A P TMI11�Ry pLAT, p. S. �87-07, HEATHER c�xS, BY BRIC�cI�R BUIIDERS. INC. :�ABLID 1L18/87) Being a replat of Lat 16, except the East 33 feet, Auditor's S ' ision No. 92, and Outlot A, Aoorn Hills Addition, and that part of Lot , Auditor's Subdivision No. 92, which lies East o� the West 165 feet eof, except the East 30 feet aF said Lat 14, all gerierally located at 5 Stinson Boulevard N. E. M4�IQ�1 by Mr. Sa�ia, seo�nded by Ms. Sherek, taUle. . UPON A VOICE VOl'E, ALL VOPING AYE, Q�IRRIED U11�NINDUSLY. _�� r�nove this item from the BETZCLD DEQ,ARID THE MOTION Being a replat of 16, except the East 33 feet, Auditor's Subdivisioaz Na 92, an,d Outlat rn Hills Addition, and that part of Lot 14, Auditor's Subdivision N 92, which lies East o�' the West 165 feet thereof, and Lot 25, Auclito Subdiv ision Na 92, except the s�utherly 150 feet incl uding a ri�t- -way, and all that part of Lot 24, Auditor's Subdivision No. 92, exc the south 150 feet o� the east 80 feet of said Lot 24, including a c�t�of-way, all gerierally located at 5980 Stinson Boulevard N. E -7- �� 0 � (—� Community Development Department l.� PLA1V1vING DIVISION City of Fridley DATE: � January 7, 1994 � TO: , Planning�Commission Members FROM: ' BarYiara Dacy, Community Development�D�irector ' � ' � � Michele McPYierson, Planning 'Assistant �- 4_ SUBJECT: Continuation of Public Hearing for 0-4, Wetland-Overlay District Ordinance The Planning Commission continued the public heari.ng for�the O-4, Wetland Overlay District ordinance, at its December 8,'1993 meeting. Since that time, staff.has made revisions to the proposed draft ordinance as well as meeting with the � Environmental Quality and Energy Commission regarding questions they had on compensations and wetland values. Staff has developed administrative aiid public review processes for the sequencing requirements of the ordinance. Staff will administratively review the following components of the sequencing requirements: 1. Issuance of exemption certificates. 2. Avoidance. • 3. Minimization of impacts. 4. Rectification and no-loss determination. 5. Reduction or elimination of wetland impacts. For review of replacement plans, staff has proposed to use a public review process similar to the special use permit proce'ss. The timeline for replacement plan review has been established in the Act. Staff reviewed its recommendations with the City Council, which concurred with the proposal presented by staff. A more detailed memo dated December 29, 1993 regarding these processes is attached for your review. � � Wetland Overlay District � � January 7, 1994 Page 2 � � Attached for your review are memos regarding compensation and changes in administrative responsibility whic� were presented to the Environmental Quality and Energy Commission on December 16, . 1993.. Also attached is a copy.of the proposed draft which has �" be2n prepared for the public.hearing b�fore the City�Council in February. _ , . .Please be prepared with any questions you may have as we conclude the pub�ic hearing. . �� , � � _ . . NIl�!/dn . . . . . • � . . • � . . . . M-94-11 � � �,� .� _ � � _ � � . DATE: � TO : . ' , FRON[ : SUBJECT: 0 Community Development Department PLANNING DTVISION City of Fridley December 29, 1993 � . William Burns, City.Manager . . Barba•r.a Dacy, Community Deveiopmen� Dir+ector Miche�le McPherson, Pl�anning Assistant' � � � City Responsibilities/Processes for O-4, Wetland Overlay ordinance ZoninQ Code Revision . We have prepared an initiai draft of the proposed O-4 District and presented it to affected land owners at the December 6& 7, 1993 meetings (see McPherson's summary memo attached). As a result of these meetings and additional staff review, we are•- preparing a second draft for review by the Planning Commission and City Council. Prior to publication, however, we �anted the City Council to concur with our proposed approach regarding staff responsibilities and the public review process. To follow is a summary of the wetland development process and which areas would dictate staff review or a public review pr�cess: � °" - 1. 2. Land owner proposes project (assume wetland impacts). Is the activi:ty exempt per the 1991 Wetland Conservation Act? A. Yes. The City issues exemption certificate; staff determination. Note that one of the exemptions permits draining or filling of a wetland less than 400 square feet in area_ This, for example, could pertain to the Harstad lots on Danube Road_ B. No. The property owner submits sequencing documentation. (1) Sequencing (aj Avoidance; staff determination m s Processes for O-4, Wetland Overlay Ordinance December 29, 1993. Page 2 . . • a��y . � • . .. • j�. �' ` Z �'I .. , � . � • I . (b) Minimize .impacts; staff determination • .�. . (c) Rectification/no-loss determination; staff �� . � . . � de�termination� � • �. . .(d) Recluction or el�imination of_wetland impacts; . � staff determination - � • � (e) • Replacement; � publ.ic' process (similar t•o : . • ' � special use permit) . �: : � • . , . . ' . In order to as'sist staff with any technical issues, we would like to contract with an independent cr�nsultant, Peterson '� Environmental, to.review�each staff•determination on an as-needed basis, prior to"informing the landowner of staff decis�ions. ��. Unfortunately, these fees cannot be recovered from.th� .� � petitioner. � � Replacement Plan Staff.recommends that the proposed ordinance require a public process for replacement.plan review: The proc�ss wo�ld be � similar to the special use permit process in which the •Planning Commission conducts a public .hearing regarding the.replacement plan and makes a recommendation to the City Council"for f�nal . approval_ The City Co�ancil would ther�.pass a resoTution.either approving, approving with conditions, or denying the replacement � plan. The State Statute,.however, has established a tight timeline for replacement plan review. This timeline is as follows: - _l. Landowner submits replacement plan application. 2. Ten days after application is received, the City is to mail requireii notices as well as publish a notice s.n the City's •offi�fal°=newspaper (see attached notification list). The Environmental Quality.and Energy Commis'sion would receive notification of the application, but they indicated they may also want to review the plan. 3. l�ot less than 30 days, nor more than 60 days, after the notice is Qublished, the City is required to m�ke a decision regarding the replacement plan_ 4_ The decision of the City becomes final .30 days after the adoption of the resolution unless the decision is appealed. / \ t"� � �:. . r . � 0 Processes for O-4, Wetland Overlay Ordinance December 29, 1993 Page 3 Chapter 11, "Fees" Revision . . � � In addition to adopting the�0-4, Wetland Overlay ordinance, . Chapter 11, entitled "Fees",, will also need to be revised-to establish $75.00 application fees for: � . �� . 1. Filing Combined Joint Notification Form � �' � � � 2. . Exemption•Certification ' ,�. �. � � 3. Wetland Replacement E�lan Review -�- 4. No Loss Determination Appeal The City is not penaitted to charge more than $75.00 for administration of the ordinance per the Act. Recommendation � Staff recommends that the City Council concur with the following �, approach in the proposed ordinance: l. Staff would be responsible for documenting and certifying exemptions and reviewing seauencinQ information; any repl.acement plans would be reviewed by the Planning Commission and the City Council as is done for special use permits_ 2. Authorize staff to contract with an independent consultant to review staff determinations on an as-needed basis. ,- 3. Revise Chapter 11, "Fees", to establish administrative fees associated with the process. _ Maps -- Enclosed are 11" x 17" maps of wetland areas. They are difficult to read because of the reduced size. If any of the City Council members would like a larger, colored map, we will arrange for those to be prepared. MM/dn M-93-74G • � � Community Development Department � P G D�SION City of Fridley DATEs December 16, 1993. . TO: FROM: BIIHJECT: Environmental Qual3ty and Energy Commission Michele McPherson, Planning Assistant IIpdate�Regarding O-4�Ti�Tetland Overlay District Ordin.ance . � s. I have several items to update the Commission on regarding the O- 4 Wetland Overlay District ordinance. These include a synopsis from the owners' meetings, change in administrative responsibility, and compensation. Owners' Meetings. December 6 and 7, 1993 Staff conducted informational meetings with owners of properties containing wetlands on December 6 and 7, 1993. On December 6, 1993, staff inet with owners whose properties are located in the Six Cities Watershed District. Three people attended the meeting. A lengthy discussion ensued with Mr. and Mrs. Sporre, 295 Ironton Street, regarding the wetland located in the northwest corner of the City identified as Basin No. 46. They were concerned with the takings issue. Staff encouraged the Sporres to process a permit application and a wetland replacement plan prior to attempting litigation. . - On December 7, 1993, staff inet with property owners whose properties are located in the Rice Creek Watershed District. Eight people attended the meeting. Several questions were asked by the attendees including an inquiry as to.whether the City would certify that a stormwater basin is exempt from the 1991 Wetland Conserva- tion Act. Staff is currently researching this question and has not yet made a determination regarding if we will pursue this activity. In general, the meetings went well and served their purpose to inform owners of the ordinance and the Wetland Conservation Act. Change in Administrative Responsibilitv As you recall, in my presentation of November 30, 1993, I indicated that the City would defer its regulatory authority regarding wetlands located in the Rice Creek Watershed District to the Rice Creek � �� Update Regarding O-4 Wetland Overlay District Ordinance December 16, 1993 Page �Z Watershed District due to the lack of a local approved water management plan. How.ever, staff has have been informed that the City may retain regulatory authority regardl�ss of our lack of a water management plan. At its December 13, 1993, meeting, the City Council approved a resolution declaring t�ie. City the loaal government unit and retaining regulatory authority for all wetlands located withirr the City. A property owner may still be required to apply for watershed district permits.under other statutory requirements, i.e., 103 or 509.�' • �Compensation The Commission inquired about how the compensation portion of the statute functioned should a property owner be denied a replacement plan. I spoke with Ron Peterson, Peterson Environmental Consulting, regarding the issue of compensation. Compensation is to occur after an application by the landowner or developer and only after all options for replacement have been denied. Compensation will occur at the rate of 50� of the average agricultural value of the land. � I have asked Gregg Herrick, Assistant City Attorney, to research the issue of compensation, should the City pass an ordinance which is more restrictive and results in a taking of a property owner's land. Mr. Herrick has not yet responded to my memo; however, I have asked him to provide me with information for the December 21, 1993, Commission meeting. I will update you at that time regarding his response. NIlK: ls M-93-744 � Ro1a�r a cvz�t BERNARD E. SI:EFFEN RiCHARD A. MERRILL DARRELL A. JENSEN- ]EFFREY S. JOHNSON RUSSELL H. CROWDER ]ON P. ERICKSON LAWRPNCE R JOHNSON DAVID A COSSI THOMAS P. MALONE MICHAEL F. HURLEY VIIZGIL C. E{EItRICK HERMAN 4 Tpi i F TOe FROM: RE: DATE: Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown F'uiancial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612) 780-85� FAX (612) 780-1777 Writer's Direct Lis�e: (612) 783-5123 M E M O R A N D U M N�ichele McPherson,•Planning Assistant Gregg Herrick, Assistant City Attorney�� ''' l PAN�LA1vt. HARRIS CHARLESM,-SEYKO$A , WI[.tiIAM M. HANSEN DANISL D GANT$R, JR. BEVERLY K. �DGE GREGG V.� HERRICK /'�1 JAMES D HOEFf JOAN M. QUADE SCOTf M. LEPAK SfEVEN L. MACKEY DAVID M. WEIGEL ELIZABETH A. SCHADING WILLIAM F. HUEFNER ROBERT C. HYNES � 19351993 Wetland Ordinance Preventing Any Filling Question December 21, 1993 . __ __, _-- - � - . THL QIIEBTION HA8 BEEN PRESENTED A8 TO THE_CITY'B FINANCIAL RLSPONBIBILITY 880IILD THEY ENACT AN ORDINANCE WSICH WOIILD PREVENT ANY DRAII�IING OR FILLING OF WETLANDB AITHIN T8E CITY. REBPONSL The Wetland Cor�se�vative Act sets forth mandatory mihimum . requirements which the city must abide by. State rules indicate that local governmental units may provide stricter wetland prfltection, but cannot require less than the statute a�rid.the Wetlands Act requires. Thus�, under the ordinance, the city is free to enact restrictions such as are being considered.by the- Er.rir� ��r.*_al �.�al�tj -�n�- Fror�sv ��rar!? �s; �r. : _ , . Aside from the faet that a mandatory no-fill ordinance would be quite limiting�-on development within the city, I.see.potential problems with a landowner arguing that the regulation constitutes an unlawful taking. In general,_a goyernmental taking requires an ordinance which would eliminate all use of a property. In the situation in which a tract of land has some high land and some low land and the high land is developable, a no-fill ordinance would not constitute a taking because the owner would be able to put the property to some use. If the property had only low land, however, the governmental taking claim might require the city to condemn the property if the property canriot be put to any use without first draining it. A taking argument rests heavily on the facts of a particular development. To mandate in all instances a no-fill policy, would put the city in a position in An Equal Oppoctunity Employec ,'� � . � , `�. �---,, which it could be vulnerable to a constitutional taking argument. A landowner in any particular situation may be able to commence an inverse condemnation proceeding depending on the facts. If a landowner is denied the opportunity to drain and fill property because of the Wetlands Act, the state has a fund which can compensate owners. If the city enacts a separate ordinance eliminating draining and filiing, the state�s wetlands compensation fund would no longer apply because the development plans would have been rejected under the city's ordinance and not by the implementation of the Wetlands Act.� I.cc�ntacted Matt Senser of the Attorney General's office and he concurred with my reading of the Wetlands Act's compensation provisions. He said the fund is designed to compensate landowners who by reason of. the Act�s restrictions could not drain and�fill.their�property. By enact�ng this �rd•inarice the 'citv wou�ld �eliminate a source• of funds for aggrieved property owners and might invite s�i'ts by�. landowners who might have been able to receive compensation from the state. It would be our recommendation that the city not adopt a mandatory no-fill policy because of potential future liability. !'� ��. � �,. t � � _ � J DATE: TO: FROM:. SUBJECT: Community Development Department PLANNING DIVISION City of Fridley December 16, 1993 Environmental Quality and Energy Commission Michele McPherson, Planning Assistant ' : �, Wetland Types Located on Vacant Developable Property Staff has reviewed the composite map compiled by the consultant to determine the number of vacant properties affected by wetlands. The wetlands are located on ten vacant properties. � 1. 2. � 3. 4. 5. 6. 7. 8. 9. 10. Basin 29 30 31 32 40 47 49 50 51 52 Tvne 1 2 1 3 3 5 1 2 4 4 Size ,�acres) >.5 .16 >.5 . .17 .29 .40 >.5 >.5 >.5 >.5 I have attached the data sheets for the wetland basins for your information. The Commission requested this information at its last meeting to determine if there are wetlands which would deserve increased protection over that which is created by the statute. Wetland Values Staff reviewed the consultant's study as well as the statute to determine if either indicated a preference for preserving certain types of wetlands over others. There was no indication in either the study or the statute which led staff to believe that certain wetland types deserved more protection than others. The intent of the statute is to replace lost wetland functions and values with similar wetland functions and values. Within the wetland ratio table, emphasis is placed on replacing wetlands in a similar manner. The table is set up to require additional wetland replacement for creating a different wetland in place of the impacted wetland. 0 � .° lU/12/Aa 18:22 $1 612 937 5822 � � �� • � . � � Gz,. w 0 �^ V V . N � . i�i � . . 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Municipal Center, 6431 University Avenue N.E. on Monclay, � , 19'94 at 7:30 p.m. for the purpose ofz � � AN ORDINANCL; RECODIFYING THE FRIDLEY CITY �CODE, CHAPTER 205, ENTITLED ��ZONIN(3��, BY ADDING 205.27 (0-4 WETLAND DISTRICT) AND RENIIMBERING OFFICIAL TITLE AND SIIP43ARY 205.28 The City Council of the City of Fridley, Minnesota hereby ordains: 205.27 0-4 WETLAND DISTRICT 1. PIIRPOSE AND INTENT It is the purpose and intent of controls to protect the unique within the City of Fridley. 2. DISTRICT BOIINDARIES this section to establish special and valuable wetland resources The boundaries of the O-4 district shall be located on the official overlay map of the City of Fridley and "shall encompass all areas delineated within the Wetland Delineation and Evaluation Study, Westwood Engineering 1993. The boundaries of the O-4 district are subject to change due to site-specifia delineations accepted by the City. 3. POLICY A. The preservation and use of significant wetlands is critical to the environment. The City will coordinate with federal, state and local agencies in order to achieve no net loss of wetlands. B. Significant wetlands will be maintained in their natural condition or impr.oved to provide more benefits for water quality management, with consideration for other amenities. C. The City encourages sound, contemporary land use development that incorporates grassed, open, and wetland spaces to allow infiltration of precipitation in all land use categories. D. The City proposes to preserve and enhance wetlands within S E. i i the community through implementation of developme�t � regulations that will ensure the design and construction of adequate on-site storm water sedimentation and retention and detention basins, flow control devices, and implementation of effective erosion control techniques. The City will aomply with and implement the 199I WQtland Conserv.ation Act and the accompanying rules of .the Minnesota Board of Water and Soil Resources. 9•. INCORPORATION�BY�REFERENCE This ordinance incorporates the following documents by reference: 5. A. The 3.991 Wetland Conservation Ac� �(the Act) and Mirinesota Rules, '8420. �. . � � � . � .. � F ., B. The Federal Manual for I�dentifying and Delineating Jurisdictional Wetlands dated January •1989, with appropriate amendments. C. The United States Fish and Wildlife Service Classification of Wetlands and Designation Habitats, Table 4. D. Wetlands and Deep water Habitats of the United States. E. Minnesota Statutes, Chapter 103. AETLAND OVERLAY DISTRICT REGIILATION3 A. No development shall be allowed within a wetland overlay district without first: ' (1) Having� the City or the Local Government Unit certify that the activity is exempt as defined in Section 205.27.04, or (2) Having the City or the Local Government Unit certify an acceptable wetland replacement plan �submitted by-the applicant for compliance with the Act. B. Prior �to the issuance of a City permit, the petitioner must show proof of, compliance or exemption from the DNR and Corps of Engineers regulations concerning drainage, grading, or filling of wetlands. In addition, the application must show consideration of the affected wetland values for stormwater runoff storage and detention, sedimentation and nutrient �rapping �.and retention, fish and wildlife habitat, and the recreation and open space needs of the community. Fa � � . ^ i 0 C. Sequencing a 0 (1) The following principles of wetland mitigation are listed in descending priority. A wetland replacement plan shall not be approved unless the ' � applicant has demons'trated that the �acfivity . impacting a�.wetland has complied with the highest . priority.possible: � (a)� avoids direct or indirect impacts .to the . • wetland that may destroy or diminish the wetland; � . . • � . ' • : (b� . minimizes � .�he � impact - . to • the wetland by ' -'� •: limiting the �degree or magnitu�e of� the wetland�activity and its implementation; (c) rectifies the impact by repairing, rehabilitating, or restoring the affected wetland; (d) reduces or eliminates the impact to the wetland over time by preservation and maintenance operations; and � (e) replaces unavoidable impacts to the wetland by restoring or creating substitute wetland areas having equal or greater public value. . (2) The applicant may either submit the information required for sequencing analysis as part of the application for replacement plan approval or apply � for a preliminary sequencing determination from the City. For proj.ects impacting wetland areas less that 4,356 square feet, the City may provide on-site sequencing determinations without written documentation from the applicant. D. Sequencing Determinations (1) The City shall determine whether any feasible and prudent alternatives are available that would avoid impacts to wetlands. Ari alternative shall be considered feasible and prudent if: (a) it is in accordance with accepted engineering- standards and practices; (b) it is consistent with reasonable requirements of the public health, safety and general welfare; �3 � � (c) it is an environmentally preferable alternative based on a review of social, economic, and environmental impacts; and � (d) it would create no truly unusual problems.• " (2) The City shall consider the following in evaluating • alternatives: � . • � .• ( a) The basic proj ect purpose . can . be reasonably � accomplished using one or more other sites in •�� . � the.same general area that would avoid wetland _ impacts. • An, .alternate site m�y� not. be� � . � � . . - excluded froin • consideration - only . because � it ,. �� . 'includes or requiYes an area not owned by �the � � applicant that could be easily obtained, used, expanded, or managed to fulfill the basic purpose of the proposed project; (b) The general suitability of alternate sites � considered by the applicant; ` Y (c) Whether reasonable modification of the size, scope, configuration, or density of the praject would avoid impacts to wetlands; ^ (3) (4) (d) Efforts by the applicant to accommodate or remove constraints on alternatives imposed by zoning standards or infrastructure, including requests for special use permits, variances, or planned unit developments; and (e) The physical, economic, and demographic requirements of the project. Economic considerations alone do not make an alternative not feasible and prudent. If the City determines that a feasible and prudent alternative exists that would avoid impacts to wetlands, it shall deny the replacement plan. If no feasible and prudent alternative is available that would avoid impacts to wetlands, the Cit3� shall evaluate the replacement plan to determine that it will minimize impacts to wetlands. The City shall use the following criteria to determine the sufficiency of the applicant's efforts to minimize impacts to wetlands: (a) the spatial requirements of the project; �, 4 -� r � (b) the location of existing structural or natural features that may dictate the placement or configuration of the project; (c) the purpose, of the project and how the . purpose relates to the placement, • ' configuration,�or density; . . � �'"� ��. (d) the sensitivity of the site design to the � natural features ��of the site, including topography, hydrology; and existing vegetation; (e) the value, function, and spatial distribution . of wetlands on the • site; � � (f) (5) individual arid � �cumulative �� impacts, alzd ' �- an applicant's efforts to: ( (1) ) modify the configuration project; ((2)) remove or constraints infrastructure, features; and size, scope, or density of the. accommodate site including zoning, access, or other ((3)) minimize other impacts. _ (5) If the City finds that an applicant has not complied with the requirements to minimize wetland impacts, the City shall list, in writing, its objections to the project. If, within 30 days, the applicant does not withdraw the project proposal or indicate intent to submit an amended project proposal satisfying the City's objections, the statement of objections shall constitute a denial. (6) Temporary impacts to a wetland shall be rectified � by repairing, rehabilitating, or restoring the affected wetland. The City may determine that an applicant's activity may qualify for a no-loss determination if the following criteria are met: (a) the physical characteristics of the affected wetland, including ground elevations, contours, inlet dimensions, outlet dimensions, substrate, hydrologic regime, are restored to pre-project conditions sufficient to ensure that all pre-project functions and values are restored; 5 - • • S • �' (b) the activity is completed and the physical characteristics of the wetland are restored within six months of the start of the activity; (cj the party responsible for the activity prov3des a performance bond to. the City .�or an amount sufficient to cover tYie estimated cost tq restore the wetland to pre-project conditions. The City shall return� the � performance bond to the responsible party upon a_ determination by •the City that ..the conditions � in Section 205 . 27 . 5. D. ( 6j .(c) and Section 205.27.5.D.(4): (d)� An applicant shall be� granted a no-loss � determination under the criteria a�through c above once in a ten-year period for a � particular site within a wetland, except that repairs to the original project shall be allowed under the no-loss determination, if the City determines the request to be necessary and reasonable. (7) After�an activ�ty is"completed, further wetland impacts from the draining or filling must be ^ reduced or eliminated by maintaining, operating, and managing the project in a manner that preserves and maintains remaining wetland functions and values. The City will require applicants to implement best management practices to protect wetland functions and values. � (8) Unavoidable wetland impacts that remain after efforts to minimize, rectify,�reduce, or eliminate them must be replaced. 6. EREMPTION3 A. The following activities are exempt from the 0-4, Wetland Overlay District regulations: � (1) activities in a wetland.created solely as a result of: (a) beaver dam construction; (b) blockage of culverts through roadways maintained by a public or private entity; (c) actions by public entities that were taken for a purpose other than creating the wetland; ,� 0 � ,�"� (d) any combination of (a) to (c). (2) Impoundments or excavations constructed in nonwetlands solely for the purpose of effluent treatment, storm water retention, soil and water conservation .. � practic.es, . arid water • quality •improvements, and no�' as part of a compensatory wetland mitigation process, that may, over time, take on wetland•characteristics, are also exempted. (3) placement, maintenance, repair, enhancement, or • replacement of utili�y or utility-type s.ervice, . .inc•luding the •transmission, distribution, or 'furnishing, at wholesale� or r•etai�, of � natural or m�nufactured 'gas, electricity,;telephone, or radio service or communications; � (4) activities associated with routine maintenance of utilit� and pipeline rights-of-way, provided the activities do not result in addition�l intrusion into the wetland; (5) activities associated wi�h routine maintenance or repair of existing public highways, roads, streets, ^ and bridges, provided the activities so not result in additional intrusion into the wetland outside o� the existing right of way; �"`1 ' (6) emergency repair and normal maintenance of existing public works, provided the activity does not result in additional intrusion of the public works into the wetland and do not result in the draining or - filling, wholly or partially, o€ a wetland; - (7) normal maintenance and repair of structures causing no additional intrusion of an existing structure into the wetland, and maintenance and repair of private crossings that do not result in the draining or filling, wholly or partially, of a wetland. This exemption applies to private structures, such as buildings��or road crossings; (8) activities that result in the draining or filling of less than 400 square feet of wetlands. This exemption applies if the total wetland loss by draining and filling will be less than 400 square feet per year per landowner, and the cumulative impact by all persons on a wetland over time after January 1, 1992, does not exceed €ive percent of the wetland's area. 7 a 7. REPLACEMENT PLAN DETERMINATIONS A. A landowner intending to drain or fill a wetland who does not qualify for an exemption in•Section 14 or a no-loss determination in Section 205..27.5.D.(6).(a-d) shall .. obtain approval of a replacement plan from �the City or local government unit before b�ginning �draining or filling. . • B. The City shall, within ten days of receipt of the . application, mail a copy of the application and an invitation to submit comments to.the Board of Water and Soil Resources (the board);�which wil�l publish it in the .� Environmental Quality ' Board � Monitor; members ��•of the � � public' who' have r�equest�ed' a copy; the � soil end water •conservation district; the watershed district or watershed management organization; the county board; mayors of cities within the watershed; and the commissioners of agrieulture and natural resources. At � R the same time, the City shall publish notice of the application with an invitation for comment in the City's official newspaper. �� C. The City shall not make its decision before 30 days and not more than 60 days have elapsed from the mailing of � notice, publication.in the Environmental Quality Board Monitor, when required, or publication in the newspaper, whichever is later. The City_'s decision shall not be effective until 30 days after a copy of the decision has been mailed to the Environmental Quality Board Monitor for publication, when required, and mailed to the same list specified above for notice of the application, and ~ to the applicant. The mailing to the applicant shall be by registered mail and shall advise that the decision is not effective for 30 days and is stayed if it is appealed. D. The City's decision shall be based on the replacement standards in Section 205.27.8 and on the determination of the Technical Eaaluation Panel concerning the public values, location, size, and type of wetland being altered. The City shall consider the recommendation of the Technical Evaluation Panel to approve, modify, or reject the proposed replacement plan. 8. REPLACEMENT PLAN COMPONENT3 A. On a Combined Joint Notification form provided by the City, and with needed attachments supplied by the applicant, the following documentation shall be provided: 8 .� �, 0 � 9 .,,,; (1) organizational following: (a) (b) (c) information, including the the post office address of the applicant; for corporations, the principal officers of the corporation, any parent companies, owners, � partners,.and joint ventures, and a designated contact person; . •� . managing agents, subsidiaries, or consultants that are or may be• invoived with the�wetland draining or filling project; ' (2) an•affidavit confirming that the wetland values will be replaEed before or concurrent�with the actual c�raining or filling of a.wetland.: The City may •require �an irrevocable bank letter of credit or ' other security•acceptable to the City to guarantee the successful completion of the project; (3) for the impacted wetland: (a) a recent aerial photograph or accurate map of _ _ _�,,� - the impacted wetland area; - (b) the location of the �wetland, including the _ county, watershed name or number, and public land survey with the coordinate of the approximate wetland center; (c) (d) the size of the wetland, in acres or square feet; the type Qf wetland using USFWS Circular 39, and NWI mapping conventions; (e) a list of the dominant vegetation in the impacted wetland area, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage; (f) a soils map of the site showing soil type and substrate, where available; (g) the size of the watershed that drains surface water into the wetland as determined from a United States Government Survey topographical map or other suitable topographical survey; (h) the locations of any surface inlets or outlets, natural or otherwise, draining into. or out of the wetland, and if the wetland is ;"'� within the floodplain of a stream, river, Qr � 0 (4) other watercourse, the distance and direction to the watercourse; (i) a map, photograph, or written description of the land use of the immediate watershed within one mile of the impacted wetland. The •surrounding land use informa�tiori shall also � indicate the presence and location, if�any, o€ wetland preservation regions and'. areas, �wetland �development avoidance regions and . areas, and wetland defiei�nt regions and areas . as identified in the comprehensive wat.er plan; (j� the nature of the proposed'proj�ct, its areal extent, and�the impact.on the wetland must be � shown in�sufficient detail to allow t�ie City to determine the amount and types of wetland • to be impacted and to demonstrate compliance with the replacement sequencing criteria in Section 5D; (k) evidence of ownership or rights to the affected areas, including a legal description. Wheri two or more landowners are irivo�ved, including both the impact site and the proposed replacement site, a•contract or-o�her evidence of agreement signed by ail landowners. and notarized must be included with the replacement plan. The contract or agreement must conta�in an acknowledgement of the covenan� �rovisions in Section 205.27.7.4.9, by landowners on which a repl.acement wetland is proposed and the lacation and acreage of replacement wetlands. The contract becomes binding upon final approval of the replacement. plan; (1) a list of all other local, state, and federal permits and approvals required for the activity; and (m) other information considered necessary by the City for evaluation of the activity. For the replacement wetland: (a) a recent aerial photograph or accurate map of the replacement wetland area; (b) the ].ocation of�the wetland, including the county, watershed name or number, and public land survey coordinate of the approximate 10 � � �� , � �'`�. wetland center; (c) the size of the wetland, in acres or square feet; . (d) the type of wetland using USFWS Circular 39, • . � �� and.NWI mapping conventions; . .(e) a list of the dominant vegetation in the •� � �• •. impacted wetland area,'including com�aon names � � of the vegetation exceeding 20 percent • coverage and an..estimate of cov�rage; • . (f) a.soils map of the site showing sail type and . . . , ' substra•te, w�ere available; • • � � -�.... (g) the size of the watershed that drains surface water into the wetland as determined from a United States Government Survey topographical map or other suitable topographical survey; (h) the locations of any surface inlets or outlets, natural or otherwise, draining into or out of the wetland, and if the wetland is within the floodplain of a stream, river, or other watercourse, the distance and direction to the watercourse; (i) a map, photograph, or written description of the land use of the immediate watershed within one mile of the impacted wetland. The surrounding land.use information shall also - indicate the presence and location, if any, of " wetland preservation regions and areas, wetland development avoidance regions and areas, and wetland deficient regions and areas as identified in the comprehensive water plan; (j) evidence of ownership or rights to the affected areas, including a legal description. • When two or more landowners are involved, including both the impact site and the proposed replacement site, a contract or other evidence of agreement signed by all landowners and notarized must be included with the replacement plan. The contract or agreement must contain an acknowledgement of the covenant provisions in paragraph 9, by landowners on which a replacement wetland is proposed and the location and acreage of replacement wetlands. The contract becomes binding upon final approval of the replacement 11 � plan; (k) a list of permits activity; (1j (m) (n) all other local, state, and federal and approvals required for the an explanation of the size and�type of we�land that will result from successful completion of� the replacement plan; scale drawings showing plan and profile views af the replacement wetland and fixed photo-reference points for monitoring purposes. Photo-ref�rence points should include' views �of any control• structures ar�d enough additional points to accurately d�pict the entire project; how the replacement wetland shall be constructed, including the best management practices that will be implemented to prevent erosion or site degradation; �� (o) for created wetlands only, additional soils information sufficient to determine the capability of the site to produce and maintain wetland characteristics; �"'� (pj a timetable that clearly states how and when implementation of the replacement plan shall proceed, and when construction of the replacement wet�and shall be finalized; � (q) a notice in a form provided� by the BWSR attached to and recorded with the deed for lands containing a replacement wetland, specifying the following: �(1)) ((2)) ((3)) the location of the replacement wetland; that the wetland is subject to the act• that the fee title owner is responsible for the costs of repairs or reconstruction, if necessary, or for replacement costs; ((4)) that reasonable acces� to the replacement wetland shall be granted to the proper authorities for inspection, monitoring, and enforcement purposes; 12 � � ,'"'� � � � ((5)) that costs of title review and document recording is the responsibility of the fee title owner; and ((6)) that the City or board can require . neeessary repairs or r�construction work to return the wetland to the � . specifications of the approved � � � rep].acement plan and � •requi�e • , reimbursement or reasonable costs from the wetland �owner; or can ; . require replacement of the wetland ' . � according to the Act; �. (�r) �� a� statement that the replacement �etland was not previously restored or created under a prior approved replacement plan; (s) a statement that the replacement wetland was not drained or filled under an exemption � during the previous ten years; (t) a statement that the replacement wetland was not restored with financial assistance from public conservation programs; (u) a statement that the replacement wetland was not restored using private funds other than those of the landowner unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the City in writing that �he restored wetland may be considered for replaceement; (v) a plan for monitoring the success of the replacement plan in meeting the project goal in paragraph 1 and as specified in Section 205.27.12; and (w) other information considered for evaluation of the project by the City. (5) The applicant must provide information considering the special considerations criteria in Section 205.27.8.G. 9. REPLACEMENT PLAN EVALIIATION CRITERIA A. Before consideration or approval of the replacement plan, the City shall ensure that the applicant has exhausted 13 all possibilities to avoid and minimize adverse impacts � according to sequencing in Section 5D. B. The order of preference for the method of replacement, from the most preferred to least preferred: (1) project-specific restoration; ( 2 ) proj e,ct-specific creation; (3) wetland banking. Modification or conversion.of non-degraded wetland from one wetland type to another �loes not constitute adequate raplacement., '.Wetland� . drained �or .filled� under an exemption may not�be restored for replacement,�credit for ten years after draining or filling. C. Replacement of wetland values shall be completed before �-oi�° concurrent with the actual draining or �il.ling of a wetland, unless.an irrevocable bank letter of credit or other security acceptable to the City is submitted to the City to guarantee �successful completion of the replacement. Al1 wetlands to be restored or created•as part of an approved replacement plan shall be clearly designated prior to approval of the replacement plan by ,-, the City. D. Replacement wetlands shall be located in the same� watershed as the impacted wetlands, or the ratio in Section 205.27.10 shall apply. Er Replac�ment wetlands must.be of a size sufficient to - ensure that they provide equal or greater public value than the wetland that was drained or fil-led. The minimum size of the replacement wetland must be in the ratio of two acres of replaced wetland for each acre of drained or filled�wetland. The actual replacement ratios required � for a replacement wetland may be more than the minimum, subj ect to the evaluation of wetland functions in Section 9. Future owne�s may make no use of the wetland after it � is altered for a period of ten years unless future replacement to achieve a 2:1 ratio occurs:� The landowner shall record a notice of this restriction in the office of-the county recorder in which the project is 7ocated. F. Restoration and replacement of wetlands must be accomplished according to the.ecology of the landscape area affected. A replacement plan that would result in wetlands or wetland characteristics that do not naturally occur in the landscape area in which the replacement will occur will not be approved. 14 � G. The following factors when, applicable to an impact or replacement site,�shall be considered by the City: (1) The site contains endangered species listed in Minnesota Rules, parts 6134.0200 to 6134.0400 and ' the p�oposed activities would take those species, the.replacement plan shall not be apgroved. (2) The site contains a rare natural community, and the proposed activity would adversely. affect the community, the replacement plan shall not be approved. � � . � ( 3) The site' contains a significant . fish , and wil�llife . resource; including but not limited� to fish passage and spawning areas, colonial waterbird nesting colonies, migratory waterfowl concentration areas, deer wintering areas, or wildlife travel corridors, and the proposed activity would adversely impact those resources, the replacement plan shall not be approved. (4) The site contains archaeolog.ical or historic areas, and the activity would adversely affect those ^ areas, the replacement plan shall not be approved. (5) The proposed activity would have significant adverse impact on the groundwater quality, the replacement plan shall not be approved. �� (6) The proposed activity would have significant � adverse impact on the water quality of outstanding resource value waters as listed in Minnesota Rules, 7050.0180 or on trout waters, the replacement plan shall not be approved. (7) Wetlands used for educational or research purposes shall be maintained or adequately replaced. (8) The proposed activity involves known or potential hazardous wastes. Such activities shall be conducted in accordance with applicable federal or state standards. (9) The proposed activity shall be consistent with other plans, including, but not limited to zoning, comprehensive, watershed management, and land use plans. 10. EVALIIATION OF AETLAND FIINCTIONS AND PALIIEB 15 A. Replacement wetlands shall replace the functions and values that are lost from a wetland that is drained or filled. A replacement wetland should replace the same combination or functions and values provided by the impacted wetland. The wetland type index system in Minnesota Rules 8420.0540, subpt 10, item B, uses •�relative values of wetland.functions�compared across wetland types to evaluate the adequaey of wetlartd replacement. The City may allow the evaluation of wetlands by� measuring and comparing public va3ues specified in Minnesflta Statutes, section 103b.3355, with the current v'e.rsion of the Minnesota wetland evaluation methodology or another saient�ifically acceptable methodology. �_ . . � B. Table• 4, Minnesota Rules,��pa'rt 8420.0550s provides techriical specifications for constructing wetland types. In evaluating a wetland replacement plan, the City shall determine whether the wetland type stated as the replacement plan goal will result from the replacement plan specifications. If a wetland type other than the replacement plan goal is likely to result, the City shall evaluate the plan based on this determination. C. The City may consider allowing constructed stormwater detention basins for replacement credit if the basin conforms to the following specifications: (1) the basin design uses a two-cell system in which the upstream cell has a 24-hour retention time for a two-year storm event; (2) the downstream cell is designed for a maximum 12-inch rise in water level for a ten-year storm event; (3) the standards in Minnesota Rules, part 8420.0550 are followed; (4) the design goal is a palustrine emergent wetland that meets all statutory definitions of a wetland, for example, soils, hydrology, and vegetation. Only the downstream cell can be counted for wetland credit, and the replacement plan must include a plan and schedule for maintenance of the storm water basin system. Storm water basins which allowed for replacement are not eligible for an exemption; and (5) storm water management basins constructed for the primary purpose of controlling or treating stormwater runoff from impervious surfaces or 16 � � � � developed areas, not conforming to the units in 1-4 above, are not considered wetlands. These are therefore exempt from replacement plan requirements when constructed in non-wetlands, and also cannot . be considered for credit as part of a replacement . plan, regardless of their loaation. D. WYien w�tland� functions lost as a resul:t • of drainage or filling are replaced by restoring a wetland of the same type �and in the same watershed with the same inlet and outlet' characteristics as described in Section 205.27.9.E, and related definitions�, �the replacement shall be considered to k�e in-kind and .the minimal replacement .ratio shall be used to• determine the .. .neaessary��size of the replacement wetland. The minimum . • replacement 'ratio �'�� is 2 : l; 'requiring � 'two� ti�►es the impacted area be•replaced.. � ' E. If the wetland functions lost as a result of drainage or filling are to be replaced by creating a wetland or restoring a wetland of a different type than the impacted wetland, or if the replacement wetland is in a watershed other than the impacted wetland or had different inlet and outlet characteristics than the impacted wetland, the replacement shall be considered out of kind, and the City shall use the replacement ratios in Minnesota Rules, � 8420.0540, subpt b, item D, Table 2, to determine the amount of replacement wetland needed to replace the lost wetland values. (1) Differences in wetland functions and values a3nong wetland types are to be evaluated and replaced using the wetland type ratio table located and, to be applied as specified in Administrative Rules, 8420.0540, subpt 10, Table 2. The wetland type ratii�--table incorporates an evaluation of public values as specified in Minnesota Statutes, section 103B.3355, for the purposes of comparison among wetland types. (2) If a wetland to be drained or filled exhibits more than one wetland type as determined by the Technical Evaluation Panel, and more than one wetland type is proposed to be drained or filled, the City shall use the following procedure to determine needed replacement. The acreage of each wetland type to be converted to non-wetland shall be determined. The wetland type ratio table shall then be used to determine the amount of replacement wetland for each wetland type. The sum of the replacement for each wetland type shall be the � resultant acreage requirement for the wetland type 17 a ratio. (3) When a replacement wetland is located in a different hydrologic unit than the impacted wetland, as indicated by the USGS Hydrologic Unit Map for Minnesota, the ratios in MInnesota Rules �8420.0540 must be'followed;• _ � � (4) If the inlet and outlet characteristics of a � repl'acement wetland differ �from those of the. . impacted wetland,' the ratios in Minnesota Rules :$420.0540 Table 3 shall be applied. � •. •�. (5) The City 1nay, by local ordinance, establish ' �• additional local ' public value to "ad�lress � wetland • conservation • �or 'preservation issues � of . ' lo�cal � • concern. These ratios shall have a minimum value of zex�o and shall be based on wetland management objectives of a local water management plan adopted under Minnesota Statutes, Chapter 103B.or 103D. � (6) The required replacement ratio for out-of kind replacement shall be the sum of the wetland type ratio plus the hydrologic unit ratio plus the inlet and outlet characteristic ratio plus the local public value ratio. If this ratio is less than the ,� minimum in-kind ratio, the minimum in-kind ratio ' � shall be the required replacement ratio. (7) In cases of partial drainage, the amount of wetland to be replaced shall be calculated using the formulas in Minnesota Rules 8420.0540, Item E. � (8) In cases where partially drained wetlands are restored to their former state, credit may be "' received---as calculated in Administrative Rules 8420.0540, Item F. ` � (9� ,�For projects of unusual complexity, or replacement plans that have been denied and are being appealed, and for which the City believes an alternative evaluation process may produce a substantially different replacement requirement, the City may evaluate the replacement plan using the current version of the Minnesota wetiand evaluation methodology or another scientifically accepted methodology approved by the board, in consultation with the Commissioner,. that evaluates all wetland functions and values for both the impacted and replacement wetlands. When using the Minnesota wetland evaluation 18 �` methodology or another board, in consultation with the Commissioner, approved methodology to evaluate replacement plans, the ratio of impact wetland to replacement wetland shall not.be less than the minimum required. Further, the hydrologic unit ratio, the inlet and outlet characteristiGS ratio, • and the.local public. value ratio, shal�l also be .considered when using the Minnesota wetland .� �. , evaluation �methodology or another board, in .� � ��consultation.. with the Commissioner, approved� . •. methodology. '. . (10) A repl�ceinent plan that fails to meet the . � requirements� in items 1-8 • sha]:1 be . considered .. •. " . inadequate in repl.acing lost functions and values • . and shall not� be' approded by� the City. �,� replacement plan that has been considered by the City and not approved may be revised - and resubmitted for consideration by the City. The decision of the City to approve, approve with conditions, or not approve a replacement plan becames final if not appealed to the board within 30 days after the date on which the decision is mailed to those required•to receive notice of the decision. Before construction of the wetland, a � notice as required in Section 205.27.7.4.9 must be recorded and proof of recording provided to the City. - 11. AETLAND REPLACEMENT STANDARDS. A. The standards and guidelines in this part shall be used in wetland creation and restoration efforts to ensure adequate replacement of wetland functions and values. Minnesota RulesJ 8420.0540, Table 4 provides general guidQlines for the physical characteristics that ea�h type of replacement wetland should have. B. The standards in items 1 to 8 shall be followed in all wetland replacements unless the technical evaluation panel �determines that a standard is clearly not appropriate. - - (1) Water control structures must be constructed using specification provided in the Minnesota Wetland Restoration Guide or their equivalent. Control structures may be subject to the department dam safety regulations. (2) Best management practices must be�established and maintained to the entire perimeter of all �"`� replacement wetlands. F�� /,"'� (3) For replacement wetlands where the dominant vegetation of the wetland type identified as the replacement goal in Section 205.27.7.A.4.1, is not likely to recover naturally in a five-year period, wooded and shrub wetlands especially, the � replacement-wetland must be seeded or planted with appropriate species, as determined Yiy the soil and � water conservation district, the seed or planting �stock $hould be of local wetland�origin to preserve . � local genotypes.:.�During the monitoring period, the appl�icant must take re.asonable steps to prevent invasion. by any 'species, for� example, purple � �loosest�ife and Eurasian•water.milfoil,, that would. defeat':the re-vegetation: goal��of the replacement - � � � plan�.� � ' . � � � � " . .�. ' (4) Erosion control measures as determined by the soil and water conservation district must be employed during construction and until permanent ground cover is established to prevent siltation of the replacement wetland or nearby water bodies. (5) For all restored wetlands where the original organic substrate has been striped away and for all created wetlands, provisions must be made for ^ providing an organic substrate. When feasible, the organic soil used for backfill should be taken from the drained or filled wetland. (6) The bottom contours of created types 3, 4, and 5 wetlands should be undulating, rather than flat, to provide a variety of water depth. (7) Sideslopes of created wetlands and buffer strip must not be steeper than 5:1, five feet horizontal for every one foot vertical as averaged around the wetland. Sideslopes of 10:1 and 15:1 are preferred. (8) Created wetlands should have an irregular edge to create points and bays to be consistent with Section 205.27.8.F. 12. MONITORING ANNOAL REPORT A. The purpose of wetland value replacement monitoring is .to ensure that the replacement wetland achieves the goal of replacing lost functions and values. B. The applicant shall submit the annual report to the City on a date determined by the City until the applicant has � 20 � i�`� � fulfilled all of the requirements of the City. C. The purpose of the annual report is to describe actual wetland restoration or creation activities completed during the past year, activities planned for the upcoming year, and the information in Section B. D.' �The annual report shall include the followingQinformation and other site-specific informativn identified by the City: � • � . _ � (1) �a deseription of current wetland type desired wetland type the project location, size, tCowardin classification), and �(goal�;. . � . (2) �'a compar�son of the as-b�iilt specifications versus the design�specifications (first annual�plan only) and a rationale for significant changes; (3) hydrology measurements: seasonal water level elevations during the period April through October (msl or referenced to a known benchmark); (4) a list of the dominant vegetation in the wetland, including common names of the vegetation exceeding 20 percent coverage and an estimate of coverage. (5) color photographs of the project area taken anytime during the period June through August, referenced to the fixed photo-reference points identified on the wetland replacement plan and labeled accordingly. _ 13. MONITORING DETERMINATIONS BY THE CITY The City: , _� A. shall inspect the project when construction is complete and certify compliance with construction specifications, and may inspect the project at any time during the construction and monitoring period, and any time after that to assess the long-term viability of the replaced wetland. When the City certifies that the construction specifications have been met, the City shall so advise the applicant and return any bond or other security that the applicant had provided; B. may order corrective action at any time during the required monitoring period if it determines that the goal of the approved replacement plan will not be met, and may require the applicant to prepare an amended wetland value replacement plan for review and approval by the City, 21 �-:-._� � which describes in detail the corrective measures to be taken to achieve the goal of replacing the lost wetland functions and values; C. shall make a finding based on a'site visit at the end of the monitoring period as.to whether the goal of the : repl�cement .plan has been met. I�f •,the goal of the�� . replacement plan has not been met, the City shall'order corrective action and extend the monitoring period; and D.. shall require one or more of the following actions if, � during the monitoring period, the City finds tliat the goal of the replacement plan will not be met: (1) (2) (3) order.the appTicant to prepar� anc�•impleme�nt.a new replacement plan; � " issue a cease and desist order on the draining and filling activity if it has not been �completed; order restoration of.the impacted wetland; (4) obtain forfeiture of a bond or other security and use the proceeds to replace the lost wetland values; (5) (6) ask the district court to order the applicant to fulfill the replacement plan; or � other actions that the City�determines necessary to achieve the goal of the.replacement plan. E. A landowner intending to drain.or fill a wetland without replacement, claiming exemption under Section 205.27.14, shall contact the City before beginning draining or filling activities for determination whether or not the activity is exempt. The City shall keep in file all documentation and findings of fact concerning exemption determinations for a period of ten years. F. The City shall issue.a certificate of exemption to the landowner. - � G. The landowner requesting the exemption is respons�ible for submitting the proof necessary to show qualifications for the particular exemption claimed. The landowner shall ensure that proper erosion control measures are taken to prevent sedimentation in the water, the drain or fill does not block fish passage, and the drain or fill is conducted in compliance with all other federal, state, and local requirements, including best management practices and water resource protection requirements 22 0 �' , � � a � �, established under Minnesota Statutes, Chapter 103H. 14. NO L088 DETERMINATIONB A landowner unsure if �he proposed work will result in a loss of laetland shall apply to the City for a determination. The. City _ � shall keep on, file all documentation and findings of fact.. concerning no-loss determinations for a period of ten years. The landowner applying for a no-loss determination is responsible .for submitting the proof necessary to show qualification for .trie claim. ' • The . City shal l� issue , a no-loss ' certif icate . i•f :. � � . � A. the work will not drain or fill a wetland; " B. water level management activities will not result in the conversion of a wetland to another use; C. the activities are in a surface impoundment for containment of fossil fuel combust�on waste or water retention, and are not part of a compensatory wetland mitigation program; or D. the activity is being conducted as part of an approved replacement plan or is conducted or authorized by public agencies for the purpose of wetland restoration and the activity is restricted to placing fill in a previously excavated drainage system to restore a wetland to its original condition. E. the activity meets the conditions in Section �- -205.27..5.D.6. ,_ 15. TECHNICAL EVALIIATION PANEL PROCEDIIRES 4�� For the City, tfiere is a Technical Evaluation Panel of three persons: a technical professional employee of the board, a technical professional employee of the soil and water conservation district of Anoka county, and a technical professional with expertise in water resources management appointed by the City. One member selected by the City shall act as the contact person and coordinator for the panel. Two members of the panel must be knowledgeable and trained in applying methodologies of the Federal Manual for ldentifying and Delineating Jurisdictional Wetlands, and evaluation of public values. The Technical Evaluation Panel may invite additional wetland experts in its work. The panel shall make technical determinations vn questions of public values, location, size, and type for replacement plans if 23 requested to do so by the City. the landowner, or a member of the Technical Evaluation Panel. The panel may review replacement plans and recommend to the City either approval, approval with changes or conditions, or rejection. The panel shall make no determinations or recommendations without at least one member having made an on- site inspection. Panel determinations and recommendations must be endorsed by at least two of'the three�members. The panel, or one of its members when so authorized by all of the members, may assist the City •in m�king wetland size and type cleterminations when asked•to.�do so by the City as part of making an exemption or no-loss determination. • • If requested :by the City, the landowner, or �'a member of the Technical Evaluation _Panel, the .,pariel shall �answer technical questions or participate in the monitoring of replacement wetlands according to Section 205.27.13. 16. APPEAL OF CITY DECISION3 A. The decision of the City to approve, approve with conditions, or reject a replacement plan, or determination of exemption or no-loss, becomes final if not appealed to the board within 30 days after the date on which the decision is mailed to those required to receive notice of the decision. B. Appeal may be made by the landowner, by any of those required to receive notice of the decision, or by 100 residents of the county in which a majority of the wetland is located. C. Appeal is effective upon mailing of the notice of appeal to the board with an affidavit that a copy of the notice of appeal has been mailed to the City. The City shall then mail a copy of the notice of the appeal to all those to whom it was required by Section 205.27.6.B to mail a copy of the notice of decision. D. An exemption or no-loss determination may be appealed to the board by the landowner after first exhausting all local administrative appeal options. E. Those required to receive:notice of replacement plan decisions as provided for in Section 205.27.6.B may petition the board to hear an appeal from an exemption or no-loss determination. The board shall grant the petition unless it finds that the appeal is meritless, trivial, or brought solely for the purposes of delay. In determining whether to grant the appeal, the board shall give consideration to the size of the wetland, other factors in controversy, any patterns of similar acts by 24 %�'�. /"'` /`� � � �� the City or landowner of petition, and the consequences of the delay. 17. APPEAL FROM BOARD DFCIBION An appeal of a board decision appeals and must be considered decision for purposes of judicial section 14.63 to 14.69. 20. COMPENSATION is taken to the state court of an� appeal from� a contested case review under Minnesota Statutes,� � A. 'Replacement plan�applicants who have completed.the City.'s . process and the board appeal process; ancl.the plan has .. � not' been approvec� as submitted; ma� apply to the board f.or �compensation .under'�Minnesota Statutes, .section 103G.237. � � � � B. C. The application must identify the applicant, locate the wetland, and refer the board to its appeal file in the matter. The application must include an agreement that in exchange for compensation the applicant will convey to the state a perpetual conservation easement in the form required by Minnesota Statutes, section 103F.516. The applicant must provide an abstract of title demonstrating the ability to convey the easement free of any prior title, lien, or encumbrance. Failure to provide marketable title negates the state's obligation to compensate. D. The applicant must submit official documentation from the US Army Corps of engineers, the Minnesota Pollution Control Agency, the watershed district or water management organization if any, the county, and the City, as applicable, that the proposed drain or fill activity and the proposed subsequent use of the wetland are lawful under their respective legal requirements. E. The landowner must demonstrate that the proposed drain or fill is a feasible and prudent project and that the replacement plan as proposed is a reasonable good faith effort to fulfill the replacement requirements of Sections 205.27.7 to 205.27.10 and the Act. F. If the plan modifications, conditions or unworkable or feasible if t applicant does was approved, but with conditions or the applicant must show that the modifications make the replacement not feasible. A plan is unworkable or not he replacement must be on land that the not own, the applicant has make good faith �� efforts to acquire a replacement site and not succeeded, and there is not a qualifying replacement available in a wetland bank. A plan is also unworkable or not feasible if it is not possible to carry out for engineering reasons. The applicant must show that not going ahead with the project will cause the- applicant damages and that disallowing the proposed use wil�l enhance the public values of the wetland. ' G. The applicant must submit. th� requirements of this Section in writing, by certified mail, to the board. If the applicant wants to make oral�argument to the board, it must be indicated art of the applicatio�. The board ma� require that the applicant appear before the board. H. I•f ti�e board f inds that the appl icant has submitt�d a complete application and proved the requiremefits in this Section, the board shall compensate the applicant as required by law within 90 days after the board received a completed application, provided that within the same time period the applicant must convey to the board a conservation easement in the form required by Minnesota Statutes, section 103F.516. If the board does not proyide the required compensation in exchange for_ th� con�ervation easement, the applicant may drain or fill the wetland in the manner proposed, without replacement. 18. WETLAND BANRING 19. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of - Chapter 901 of this Code. Hearing impaired persons planning to attend who need an interpreter �� or other persons with disabilities who require auxiliary aids should contact Roberta Co�llins at 572-3500 no later than , 1994. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. Publish: 26 WILLIAM J. NEE MAYOR /'�'�� /°'� � �� REQUEST Permit Number Applicarrt Proposed Request Location SITE DATA Size Density ' ..Present Zoning � Present Land Use(s) Adjacent Zoning Acfacerrt Land Use(s) Utilities Park Dedication Watershed District ANALYS�� Financial Implications Conformance to the Comprehensive Plan Compatbil"ity writh Adjacent Zoning and Uses Environmental Cbnsiderations RECOMA�NDATION Staff Appeals Commission Planning Commission Author �/dn � TAFF REP O RT Community Development Department � Appeals Commission Date Planning Commission Date : January 12 , 1994 . City Council Date SP ��93-18 Julie Brunner To allow a second accessory structure over 240 square feet 7235 East River Road N.E. 22,125 square feet .51 acres R-1, Single Family Dwelling Residential R-1, Single Family Dwelling on all sides Residential on all sides Approval with stipulations � � SP �93-18 . . , Julie Brunner • -. - ' ��. � �� d . �� / f . G. � �\ C/TY OF FR/OLEY __ 0 � . . ' . 41 . . . ,� . ' _.. .. y . , . �� , ' ; ` � •. . . . �` '#) h` . .r.- f.//4 � .. .. y '. '_''��M,�r�..a'��'_:�- .—•� . _'�;=.. �— _ � ;a•..<.� '��af' . _`" r � o R'° �� at �� N�'I� /H�.I �� • � �IJ ' . ...., .� �:' .i�� G � s+� � I " - � :; _ � 'I :� .�.' s� � . ' - � - AN O i ' ��; : �,/ � s '=6': /� 1j LOG 5-� PKWY. '. � -L�..-. e.. � ' .. �� `f y � ,ss �• H - , ` I /' ` AGQ � ��-� :j 1� :!� g� ji i5: F: � �. � sa' � I Q 1^ • _ � � .. 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"�a � Z° . . . .. , LOCATION MAP �� ' 4 �\ �\ ` .�` R . `�+. ;r, SP ��93-18 Julie �riinner . . �,� �, I ►� ( \ t J� ; I / �' P '�'� ♦ � , � ' 1 •� ` ,� � / F � � . .t � 9 � ' � / � .1 , � � --L'- y��P�GpR S.: .;- � I o �, � .. � :, � s � a� . ; � .l , �a71 � , s . • .�/ � 2 � � 1 �� '�r�� s � � .4 . ' � � � � ,. , N ' � �; ' �,� i i • • �S �" ,. .a' 9 � t�N-E� � i� � : 1 €�v.� tS�H Wp • , 2 3♦; . � • �. r„` �9 , � • i 2 4,�� , " Ei4�'� _ ' S '• io E �� U � MPG ' � , � 9 � �P�' , C�3 4 !i1 1 �9: � ' � ' t s � ' � ; 7 S'� 3e ; � ✓,,E . �, Q . , 0 i + :t./ w s � ,: <,-- �- ; T ; „ � 7 � '' �a 3 1 AD}�A El2 i9 ' B , � . � : 'r�` � � C N�Yz a ; ,y (� Y - 6 / � � . ,. < 8 4 j� i � 1 2 x' _ � z ' i �� _ � . ,S .: � j � ' • � ...� :...._ '-r - �nr _ yN-4_ :. . -: . ..�-� , ,'- :.,.., . 4 ..; � _ .. . .,� :• - L PARKWAY :� :.� : . - � `` '� :_ ' - � � 10 Y� Lt 7! l4 25 � L9 `' j 7 � LD ry � )' �y �Z � � �aEN K N � i s / � aR � 4 � a J � 8 7 j i.� � r �B ' f � � ' - 3� � -� j � � 2 � i2 t i6 � 1 T . � ? � j � � � � -� �,� S _'� �I E •� ( j � . �"7 t� a �Q. ' ar1 3 2'�, � � WOO � S 1I R�VERW Ze� e •'F� i 6 '� � � : ,r t a � e ! 2�� 9 ' � 4 7i Si WAi E 2 ' 2 i I HICK �' r c e:Q O a AR/OH'S . i /Z �3 /9 ;S � � I � � 3 T£R C£ � E � � I �;'� �, f. � ' DI�TRICT LEGEND i � . IR-1 ONE FAYILI OIMG'8 ❑ Y-1 LIUMT INDUBTRIAI Q I � � R-2 TWO FJ�41Lt OMO'8 � Y-Z NE11V� INDUBTRIAL R-3 00N. YULTIPLE 01MO'8 � pUD PLAMNED UNIT DBV. � I � N-� MOBILE NOYE PApR 0 8-t MYOE PAPK N810MBdqXOOD ❑ P PUBLIC F1ICIUTIE9 � S-II NEGEYHLOPYENT D18TMICT � �• C-1 LOCAL BU8INHBS 0 O-1 CRFBK 8 p1YHN PR88ERYATION � GIRL S C_2 peNEHAI BU81NE88 � O-4 CqITICAL AN6A / � ■ � - C-3 OENEPAL SNOVPINO � �/AMP LOC C-N1 OHNER�L OFFICE 0 VACATBD STBE8T8 � I ZONING MAP C Staff Report SP #93-18, by Julie Brunner Page 2 Request The petitioner requests that a special use permit be issued to allow a second accessory structure over 240 square feet. The request is for Lot 6 and the south half of Lot 5, Block 1, Hillcrest Addition, the same being 7235 East River Road N.E. S ite The subject parcel is located.between East River Road and the Burlington Northern railroad tracks. Located on tY�e parcel is a new single family dwelling unit with an attached two-car garage. The property is zoned R-1, Single Family Dwelling as are all surrounding parcels. Analysis Granting.the special use permit would allow a 15' x 22' detached garage to continue to exist on the property. The original - dwelling located on the property was destroyed by fire in 1990. The garage, which was constructed in 1959, was not damaged by the fire. The City issued a wrecking permit on September 13, 1990 to remove the remains of the dwelling. On November 22, 1993, the City issued a permit to construct a new dwelling on the subject parcel. At that time, the petitioners were informed that if the existing garage was to remain, a special use permit would need to be granted. The petitioners propose to use the accessory structure for storage of wood, bicycles, garden equipment, etc. The petitioners propose to reside and shingle the garage to match the new dwelling. Granting the special use permit would not adversely impact the lot coverage. The accessory structure meets the setback requirements. As the structure will not be used for vehicle storage, a hardsurface driveway is not required. Recommendation The accessory structure does not impose an adverse impact to the subject parcel or surrounding parcels. Staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling. f � � � , , ., � a!��v� Z$�� oa oo� a 0 w 0 -_ _. � 1 , �j� . _� SP �93-18 Julie Brunner I' nn a N �s � �� ; � :�_ w � � � \ � � � �j ' d � . x I J J H �i � �-' d C� No �- �. . m � o� Iri � N (�►. M t� 1'�� a � � J i . V� �� I j � � ..., .r .. . . . � 0�ro+.v�j , , . , •� � � - , - i � � N W 1�'� � � �e� ' J � W. ` �`. FIVD J M E / 2 l` �NVV:1ro.�MYlO� N' i J ) i O'pi Q 5£5 �+ j � �\ NOP'Ot � V 1 � O . � \� 1 � a m 0 I N y = OP02 • � �' b9S o° ,�` u' � — � z � W � � o CD }I � 1 / �_ � `— --s��s� -- -- -----a �� o �aPb�� y�� . s �, � � LL �� a= � � � �oLHsv g�$ f � � � � � - - , � �� W �� --�_� 4 �.� � . . a� ` �ItU $ � � �So {i � � iL . � � �'S � � �j � j � � � � Ms_o °� � ____ -- � � i : � N - �� . • �a° ?1��t � a C� - � is� � � �� »9� . �� SlTE PLAN PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, January 12, 1994 at 7:30 p.m. for the purpose of: Consideration pf a Special Use Permit, SP #93j� 18, by Julie Brunner, per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building, over 240 square feet, on the south half of Lot 5 and all of Lot 6, Sloc7c 1, Hillcrest,.generally located at 7235 �East River Road N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than January 5, 1994. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Coinmunity Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: December 28, 1993 January 4, 1994 � � � .--. i9 - "�al - - - � � '_ � �`�t•y��y� ?� - ..e �� • �' � � � �•�. ° w#'�a s�, � t` - - . � ' ' _ �:4 w-� , . . ... .�4;. w. i, - . �� . �4:: . . �"'�� • CITY OF FRIDLEY p � - 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 . (612) 571-3450 COMMUNITY DEV�LOPMENT DEPARTMENT �. I- � .. � .. I _. . '�"'`� SPECIAL USE PERMIT APPLIC�TION-FORM PROP•ERTY- INFORMATI N- site plan required for submittal; see attached • _.Acidres�: � 2.'��.. � Q.i NJP.r 2�ac�. �:ci�ef•� �Yl� � � r`�!-��.. _ � . . " � L ) Property Identification Number (PI1�T) � �- • ' � Legal description: ��/Z 1 of- S+ �,ot- (F, 8�fxx_ �/�i i(�rc 5-F �t � . Block TracJAddition . ' 6� �C�est�zoning: -.. . - :..� _Squaie.€oo�age�"ac�eage- � . � . . . . - � �� . .: . Reason'for speCi�l use�permi�:.l-fau�e:`priP.Fc �d�-I�o,�,�e,�:��,•, �a�,;,1�G'K��c � ~i�2Q�ir��e:r �T .'f"iPM/' tT ��5�'�� O� $�OA O�C1tj+ CQdC: �J •_�%�. ��. �/",�l �� _ _ .. -. .,,�.r.�..... . .... �.,.,, �� -: ave y.bu� ¢p��at�c�-a•busi�ess in a.ci . which reg Yes � : � � _No � %�' � If yes, wluch.ci�ty? - If yes; what type of business? •� • Was that license ever denied or revoked? Yes ua.u;tia VY3111GJJ,L1i.Gi1JG • . . . ": - �-_ . � . � . : . . � - . .: �, . . �, . . . � No � FEE OWNER INFORMATION (a.s it ap�ears on the property title) (Contract Purchasers: Fee Own�ej must sign this NAME S T�Pf/E�t1 Lli ��O Lc'`✓ � ADDRESS c�`��f %�T I��J /��E, prior to processing) Sf �/l� �„L�,� � ,?�C` /Y�Y�.t/ ur`'Sf� � � DAYTIME PHONE �� ` � �� SIGNATURE DATE /� %��e `^'l3 �.... �..�.,�....v..,...,.,..,..�...�.....a.a.,,., .r„�.a..,,.�.,,,,�.,,,�.,�., „4„�.�.�. PETITIONER INFORMATI N '` NAME_ �Ti,c.� i P� C� • R rWL/�-P.r' . ADDRESS SD�'� �'rur��4��c. � . �n6u�c�t P� Y1'! n, b3 �/ 2 ' 'DAYTIME PHONE �� tS�i SIGNATURE DATE Ll�-�1 �� - - -- Fee: $200.00 $t ��Op � for residenti�l2nd accessory buildings Permit SP # � Receipt # � l %S �"`�, Applicadon received by: Scheduled Planning Commission date: Z � Scheduled City Council date: �, .. .;: , �.. � ... �,, � . �_ ..._� , _ _ .. .. _ _,; =r " r ��___- .-�:.' / � •�" •�.FP � f • � , �z'7 • , t r-' � . T�. � �� f� �� F,� r , � ' i �''i � f ; i � - ��,-�` �y a �� :-'�� .l'u�� r i .:� ,tf7. �� ` ' si '�i�' � •Y�1 i.� �i J - ' r ' ,�� `� f r f ir , J � - I . -- �, � • �� tn �r sn�;'�`,a , � r; �� 'i 1 '4 ��yLi ,{K,", �� F�' t.l +'� ; : 4 ti 'l. .� � i K {-;„��,�� } :: ... �, .- _ ' '` �.'��" %� ;� �'�s j : .va' f� : 4 �� ` N �'� re_+.i'a'� _ +' � °�� L �